Laserfiche WebLink
NOW, THEREFORE, the Trust and Owner agree as follows: <br />A. Owner shall release, indemnify, hold free and harmless, assume liability for, and defend <br />the Trust, its agents, employees, officers, apprentices, trainees, and Trustees from any and all claims, <br />damages, liabilities, costs and expenses, including but not limited to attorney's fees, reasonable <br />investigative and discovery costs, court costs and all other sums which the Trust may become <br />obligated to pay, arising out of or in any way connected with the Earthwork performed by the Trust <br />under this Agreement; provided, however, that the foregoing shall not apply to any claim, damage <br />or liability determined by a final adjudication to have resulted from the negligence or willful <br />misconduct of the Trust, its agents, employees, officers, apprentices and trainees during performance <br />of the Earthwork under this Agreement. <br />B. Owner agrees to name the Trust as an additional insured on any and all insurance policies <br />procured by Owner applicable to the Earthwork performed by the Trust under this Agreement; <br />provided, however, that nothing in this Agreement obligates Owner to obtain such insurance <br />policies. Trust acknowledges that Owner is "self -insured" in accordance with the requirements of <br />the California Government Code. <br />C. The Trust shall provide Workers' Compensation insurance coverage in compliance with <br />applicable statutes to cover Trust's employees performing the Earthwork under this Agreement. <br />This Agreement contains the entire agreement between Owner and Trust, and any oral <br />representations or modifications concerning this Agreement shall have no force or effect. This <br />Agreement may be modified only by a written instrument signed by Owner and the Trust. <br />C:\RCM\Projects\Sports Complex\Op Enrs Agreement.wpd 2 <br />