|
ARTICLE 5
<br /> INSURANCE
<br /> The parties hereto acknowledge that the City is self-insured governmental entity subject to the
<br /> limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound and
<br /> prudent risk management program with regard to its obligations under this Agreement in
<br /> accordance with the provision of Section 768.28, F.S.
<br /> ARTICLE 6
<br /> IDEMNIFICATION
<br /> 6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold
<br /> harmless the County, and its officers, agents, employees and instrumentalities from any
<br /> and all liability, claims, losses, and causes of action, including attorneys' fees and costs
<br /> of defense which the County or its officers, employees, agents or instrumentalities may
<br /> incur as a result of claims, demands, suits, causes of actions or proceedings of any kinds
<br /> or nature arising out of, or relating to or resulting from the negligence of the City and/or
<br /> its officers, employees, agents or instrumentalities, during the term of this Agreement.
<br /> The City shall pay all claims and losses in connections therewith, and shall investigate
<br /> and defend all claims, suits or actions of any kind or nature in the name of the County,
<br /> where applicable, including appellate proceedings, and shall pay all costs, judgments and
<br /> reasonable attorneys' fees which may issue thereon. Nothing herein shall be deemed to
<br /> indemnify the County from any liability or claim arising out of the negligent performance
<br /> or failure of performance of the County, its officers, employees, agents or
<br /> instrumentalities or any other related third party. This paragraph is subject to the
<br /> limitations of Section 768.28, F.S.
<br /> 6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
<br /> harmless the City, and its officers, agents, employees and instrumentalities from any and
<br /> all liability, claims, losses, and causes of action, including attorneys' fees and costs of
<br /> defense which the City or its officers, employees, agents or instrumentalities may incur
<br /> as a result of claims, demands, suits, causes, of actions or proceedings of any kind or
<br /> nature arising out of, or relating to or resulting from the negligence of the County and/or
<br /> its officers, employees, agents or instrumentalities, from commencement of this
<br /> agreement until the city accept the vehicle (s). The County shall pay all claims and losses
<br /> in connection therewith, subject to the limitations described herein and shall investigate
<br /> and defend all claims, suits or actions of any kind or nature in the name of the City,
<br /> where applicable, including appellate proceedings, and shall pay all costs, judgments and
<br /> reasonable attorneys fees which may issue thereon. Nothing herein shall be deemed to
<br /> indemnify the City from any liability or claim arising out of the negligent performance or
<br /> failure of performance of the City, its officers, employees, agents or instrumentalities or
<br /> any other related third party. This paragraph is subject to the limitations of Section
<br /> 768.28, F.S.
<br />
|