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<br />SECTION S.
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<br />INDEMNIFICATION.
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<br />5.1. ProlZram Al!encY Indemnification. The Program Agency shan indemnify,
<br />defend and hold harmless the Member Agency and the Operating Party, and their respective
<br />directors, officers, agents, representatives and employees, from and against any and an claims,
<br />costs, damages, losses, expenses (including attorneys fees), penalties or other liabilities resulting
<br />from, aneged to result from, or in any manner arising out of the negligent or willful acts or
<br />omissions of the Program Agency in the performance of its duties under this Contract.
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<br />5.2. Member Al!encY Indemnification. The Member Agency shan indemnify,
<br />defend and hold harmless the Program Agency and the Operating Party, and their respective
<br />directors, officers, agents, representatives, and employees, from and against any and an claims,
<br />costs, damages, losses, expenses (including attorneys fees), penalties or other liabilities resulting
<br />&om alleged to result from, or in any manner arising out of the negligent or willful acts or
<br />omissions of the Member Agency in the performance of the its duties under this Contract.
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<br />5.3. Ooeratinl! Party Indemnification. The Operating Party shall indemnify,
<br />defend and hold harmless the Program Agency and the Member Agency, and their respectivc
<br />directors, officers, agents, representatives, and employees, &om and against any and all claims,
<br />costs, damages, losses, expenses (including attorneys fees), penalties or other liabilities resulting
<br />from alleged to result from, or in any manner arising out of the negligent or willful actions ofthe
<br />Operating Party in the performance ofthe its duties under this Contract.
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<br />SA. The indemnification provisions set forth in this Section 5 shall survive the
<br />termination of the MWD Agreement and continue in fun force.
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<br />SECTION 6. INSURANCE.
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<br />6.1. Insurance Obligations. Unless they are self-insured public entities,
<br />Program Agency and Operating Party each shan maintain at an appropriate times during the term
<br />of this Contract, and shall cause, as appropriate, each contractor, subcontractor, consultant or
<br />other party hired by it pursuant to this Contract and/or the MWD Agreement to maintain at all
<br />times during the term of this Contract, at least the fonowing insurance:
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<br />6.1.1. Commercial General Liability Insurance. Commercial general
<br />liability insurance insuring against liability for personal injury, bodily injury, death and damage
<br />to property (including the Program Well) arising from the respective party's obligations under
<br />this Contract and the MWD Agreement. Said insurance shall include coverage in an amount
<br />equal to at least Five Million Dollars ($5,000,000), shall contain "blanket contractual liability"
<br />and "broad form property damage" endorsements, shan name the other parties to this Contract
<br />and the MWD as additional insureds, and shall otherwise comply with all insurance requirements
<br />set forth in the MWD Agreement, (the "CGL Insurance"). A self-insured public entity shall
<br />provide evidence of coverage at least as broad as described herein.
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<br />6.1.2. Worker's Compensation Insurance. Pursuant to Section 3700 of
<br />the California Labor Code, workers' compensation insurance with employer's liability in the
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