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<br /> <br /> <br /> <br /> <br /> <br /> <br /> $5,000,000 combined single limit per occurrence and annual aggregate. Each of the <br /> <br /> Authority members shall be named as an additional insured on the general <br /> <br /> comprehensive liability policy. Alternatively, the Authority may self-insure. Prior to the <br /> <br /> Effective Date, the Authority shall provide the County with certificates of insurance or <br /> <br /> proof of self-insurance evidencing the coverage referred to in this Section 4. D. Such <br /> <br /> insurance is a condition precedent to performance under this Agreement, and until the <br /> <br /> Authority obtains insurance as provided for in this Section 4. D., performance under this <br /> <br /> Agreement is excused and no member shall have any right against any other member <br /> in equity or law. <br /> <br /> <br /> <br /> E. From and after the Effective Date, the County shall defend, <br /> <br /> indemnify and hold harmless the Authority and each City member and their officers, <br /> <br /> employees, agents and representatives with respect to any loss, damage, injury, claim, <br /> <br /> demand, litigation or liability and all expenses and costs relating thereto (including <br /> <br /> attorneys' fees) arising out of the Fire Department's actions or omissions prior to the <br /> <br /> Effective Date hereof which are related to the provision of fire services or to the <br /> <br /> administration of Fire Department contracts, facilities, sites or assets, and which may <br /> include past, present or ongoing, or any future release of any hazardous material, <br /> <br /> hazardous substance or hazardous waste as defined under state and federal law or <br /> <br /> regulation. The Authority and the Cities agree that the County's obligations under this <br /> <br /> Section 4. E. shall only apply to costs, losses, damage, injuries, claims, demands, <br /> <br /> <br /> <br /> <br /> <br /> <br /> 4509-0s 29 <br /> 110179 v3 <br /> 9/27/99 <br /> 60C-36 <br />