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5- Indemnity and Insurance <br />A. The COUNTY agrees to include the following indemnification in all contracts with <br />contractors/subcontractors, and consultants/sub consultants who perform work in connection with <br />this Agreement. <br />To the fullest extent permitted by law, the COUNTY's contractor shall indemnify and hold <br />harmless the COUNTY, the DEPARTMENT, and its officers and employees, from liabilities, <br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent <br />caused, by the negligence, recklessness or intentional wrongful misconduct of contractor and <br />persons employed or utilized by contract in performance of this contract. <br />This indemnification shall survive the termination of this Agreement. Nothing contained in this <br />paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's and the <br />COUNTY's sovereign immunity. <br />To the fullest extent permitted by law, the COUNTY's consultant shall indemnify and hold <br />harmless the COUNTY, the DEPARTMENT, its officers and employees, from liabilities, <br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent <br />caused, in whole or in part, by the professional negligence, error or omission, recklessness, or <br />intentional wrongful misconduct of the consultant and persons employed or utilized by the <br />consultant in performance of this Agreement. <br />This indemnification shall survive the termination of this Agreement. Nothing contained in this <br />paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's, and the <br />COUNTY's sovereign immunity. <br />B. LIABILITY INSURANCE. The COUNTY shall cause the DEPARTMENT to be an <br />Additional Insured on any and all liability policies which provided coverage for tort liability to the <br />COUNTY in connection with its operations relating to the Project. The COUNTY shall furnish <br />evidence of such coverage to the DEPARTMENT prior to the commencement of such operations <br />in the form of an ACORD Certificate of Liability Insurance together with copies of any and all <br />applicable Additional Insured endorsements. In the event the COUNTY has no such insurance <br />coverage but instead maintains a self-insurance fund to cover such liabilities, the COUNTY agrees <br />it shall disclose to the DEPARTMENT the amount of such self-insurance available. <br />The COUNTY shall require any and all contractors, subcontractors, consultants, and <br />subconsultants it may enter into agreements with in connection with the Project to cause the <br />DEPARMTENT and the COUNTY to be made Additional Insureds on any and all liability policies <br />providing coverage to said contractors, subcontractors, consultants, and subconsultants for their <br />operations relating to the Project. <br />C. WORKERS' COMPENSATION. The COUNTY shall also carry or cause its <br />contractors, subcontractors, consultants and subconsultants it may enter agreements with in <br />Page 7 <br />P113 <br />