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thereof. CCSE reserves the right to have submitted to it, upon request, all pertinent
<br />information about the agent, broker and carrier providing such insurance.
<br />D. Submission of insurance from anon-California admitted carrier is subject to the
<br />provisions of California Insurance Code Sections 1760 through 1780, and any other regulations
<br />and/or directives from the State Department of Insurance or other regulatory board or agency.
<br />PARTICIPANT agrees, except where exempted, to provide CCSE proof of said insurance by and
<br />through a surplus line broker licensed by the State of California at the address specified below:
<br />California Center for Sustainable Energy
<br />Attn: Joanna Tan
<br />8690 Balboa Avenue, Suite 100
<br />San Diego, CA 92123
<br />13. Indemnification. In addition to the provisions of Section 12 herein regarding Insurance
<br />Requirements, PARTICIPANT shall indemnify, hold harmless and defend CCSE and its officers,
<br />officials, directors, employees, agents and volunteers from and against all claims, damages,
<br />losses, expenses, penalties, fines and costs, including reasonable attorneys' fees and court
<br />costs, to the extent arising out of the performance of the work and Services caused by any
<br />negligent act or omission or the willful misconduct on the part of PARTICIPANT and/or any of
<br />PARTICIPANT'S officers, officials, directors, employees, agents, and volunteers or sub-
<br />PARTICIPANTs, except to the extent caused by the sole negligence or willful misconduct of
<br />CCSE.
<br />CCSE shall indemnify, hold harmless and defend PARTICIPANT and its officers, officials,
<br />directors, employees, agents, volunteers and sub-PARTICIPANTS from and against all claims,
<br />damages, losses and expenses, including reasonable attorneys' fees and court costs, to the
<br />extent arising out of the performance of the work and Services caused by any negligent act or
<br />omission or the willful misconduct on the part of CCSE and/or any of CCSE's officers, officials,
<br />directors, employees, agents, volunteers or PARTICIPANTS, except where caused by the
<br />negligence or willful misconduct of PARTICIPANT or its officers, officials, directors, employees,
<br />agents, volunteers or sub-PARTICIPANTS.
<br />14. Consequential Damaees and Limitation of Liability. Anything herein notwithstanding,
<br />in no event shall either PARTICIPANT or CCSE be liable to the other Party for special, indirect,
<br />incidental or consequential damages, including commercial loss, loss of use, or lost profits, even
<br />if either Party has been advised of the possibility of such damages, and each Party's aggregate
<br />liability, if any, for any and all claims, losses, damages or expenses arising out of the Agreement,
<br />Services or Prime Contract, whether based in contract, negligence, strict liability, tort, agency,
<br />warranty, trespass, indemnity or any other theory of liability, shall be limited to the applicable
<br />insurance policy limit(s) as set forth under Section 14 herein.
<br />15. Conformance with Rules and Reeulations. In performing all activities in connection
<br />with this Agreement, PARTICIPANT shall abide by and conform to: (i) all provisions of the DOE
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