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10. 1.6 Environmental Impairment (Pollution) Liability:
<br />Proof of such insurance will be required during this Contract if determined by the Owner that
<br />circumstances warrant this coverage. Design -Builder agrees to show proof of coverage, without
<br />asbestos abatement exclusion, which arises out of, or in connection with, work or occupancy of
<br />Owner property in the Design -Builder's performance under this Contract. Coverage shall remain
<br />in force for a period of two years following substantial completion of the design phase in the
<br />amount of $10,000,000. The limits of coverage will not be less than:
<br />Each Occurrence $10,000,000
<br />Annual Aggregate $10,000,000
<br />10. 1.7 Waiver of Subrogation
<br />The Design -Builder, for itself and on behalf of its insurers, to the fullest extent permitted by law
<br />without voiding the insurance required by the contract, waives all rights against the Owner,
<br />members of Owner's governing body and the Owner's officers, volunteers and employees, for
<br />damages or loss to the extent covered and paid for by any insurance maintained by the Design -
<br />Builder. The Owner and Design -Builder may mutually agree to adjust insurance limits on a
<br />project -specific basis if the risk profile, scope, or budget of the project reasonably warrants
<br />adjustment
<br />ARTICLE 11
<br />INDEMNITY
<br />11.1 To the maximum extent permitted by Florida law, in addition to Design -Builder's obligation
<br />to provide pay for and maintain insurance as set forth elsewhere in this Contract, Design -Builder
<br />will indemnify and hold harmless the Owner, its members, officers, agents, employees, and
<br />volunteers from any and all liabilities, suits, claims, expenses, losses, costs, royalties, fines and
<br />damages (including but not limited to claims for attorney's fees and court costs) caused in whole
<br />or in part by the:
<br />1. Presence on, use or occupancy by Design -Builder personnel or those for whom Design -
<br />Builder is responsible of Owner property, solely to the extent that such presence on, use or
<br />occupancy of Owner property causes liabilities, suits, claims, expenses, losses, costs, royalties
<br />fines or damages resulting from Design -Builder's negligence or those for whom the Design -
<br />Builder is responsible.
<br />2. Design -Builder's acts, omissions, negligence (including professional negligence and
<br />malpractice), recklessness, intentional wrongful conduct, activities, or operations;
<br />3. Any Design -Builder breach of the terms of this Contract;
<br />4. Performance, non-performance or purported performance of this Contract, but only to
<br />the extent that Design -Builder is at fault;
<br />5. Violation of any law, regulation, rule or ordinance, but only to the extent that Design -
<br />Builder is at fault for such violation;
<br />6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights; but
<br />only to the extent that Design -Builder is at fault for such violation; and/or
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