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Environment Now Grant Agreement Page 4 LIABILITY The grantee shall be responsible for, indemnify and save harmless Earth Island Institute, EN, and the California Coastal Conservancy, a California State agency, its officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of Earth Island Institute, EN, or the Conservancy, their officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from Earth Island Institute, EN or the California Coastal Conservancy, a California State Agency, their officers, agents or employees, for any liability resulting from growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. Throughout the term of this agreement, the grantee shall provide and maintain public -liability and property -damage insurance for liability assumed by the grantee under this agreement with minimum limits of liability as follows: A single limit for bodily injury (including death) and property damage liability combined of $1,000,000 each occurrence and $1,000,000 in the aggregate. 1. Earth Island Institute, EN, and the California Coastal Conservancy, aCalifornia State Agency, their officers, agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. 2. The policy will not be cancelled or reduced in coverage without thirty days' prior written notice to EN. Earth Island Institute, EN, and the California Coastal Conservancy shall not be responsible for premiums and assessments on any insurance policy. LOSS INSURANCE Throughout the term of this agreement, the grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this agreement. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty days' prior written notice to EN. EN is not responsible for premiums and assessments on any insurance policy.