Agenda - Council - 05/14/2019 - Laserfiche WebLink

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8. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 8.1 Insurance Coverage for Event. The 3M Open Fund has purchased a law enforcement liability insurance policy (the "Policy"). The insurance carrier is Galiqe1 (the "Insurer"). The Policy will provide primary coverage for claims that ech Provider becomes legally obligated to pay as damages due to "bodily injury", "property damage", or "personal injury" suffered by third parties. The Policy will require the insurer to have the right and duty to defend and indemnify each Provider against any claim or lawsuit due to Provider acts that occur within the territory of the Event and during the period in which the Policy is in effect. Each Provider's Law Enforcement Officers will be covered under the Policy by virtue of the Provider being named an "insured" under the Policy. 8.1.1 The limits of liability for all occurrences (claims) during the coverage period is $10,000,000.00. The limit of liability for any third party claim for damage to or loss of personal property is $2,000,000.00. 8.1.2. The Policy shall be primary insurance and non-contributory to any other valid and collectible insurance available to a Party with respect to any claim arising out of a Party's performance under this Agreement. 8.1.3 The cost to hire and pay for legal representation to defend the City and any Provider ("defense costs") are not subject to the limit of the Policy. 8.1.4 The Policy is not subject to the payment of a deductible by the City or by any other Provider. 8.1.5. Each Provider agrees to be bound by the terms and conditions contained in the Policy. 8.1.6 Each Provider agrees that it will cooperate with the insurer and with the City by reasonably and timely responding to the insurer's request for information or to appear at meetings or judicially mandated hearings. 8.2 Insurance as Sole Source for Liability and Indemnity. Each Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the insurance to be procured by the 3M Open Fund, 8.2.1 If a Party's liability is not subject to recovery through the Policy, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Blaine, and the results thereof to the extent authorized by 6