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6 <br /> <br /> <br />8.1 Insurance Coverage for Event. The 3M Open Fund has purchased a law <br />enforcement liability insurance policy (the “Policy”). The insurance carrier is <br />Arthur J Gallagher Risk Management Services, LLC (the “Insurer”). The Policy <br />will provide primary coverage for claims that each Provider becomes legally <br />obligated to pay as damages due to “bodily injury”, “property damage”, or <br />“personal injury” suffered by third parties. The Policy will require the insurer to <br />have the right and duty to defend and indemnify each Provider against any claim <br />or lawsuit due to Provider acts that occur within the territory of the Event and <br />during the period in which the Policy is in effect. Each Provider’s Law <br />Enforcement Officers will be covered under the Policy by virtue of the Provider <br />being named an “insured” under the Policy. <br /> <br /> 8.1.1 The limit of liability for all occurrences (claims) during the coverage <br />period is $10,000,000.00. The limit of liability for any third-party claim <br />for damage to or loss of personal property is $2,000,000.00. <br /> <br /> 8.1.2. The Policy shall be primary insurance and non-contributory to any <br />other valid and collectible insurance available to a Party with respect to <br />any claim arising out of a Party’s performance under this Agreement. <br /> <br /> 8.1.3 The cost to hire and pay for legal representation to defend the City <br />and any Provider (“defense costs”) are not subject to the limit of the <br />Policy. <br /> <br /> 8.1.4 The Policy is not subject to the payment of a deductible by the City <br />or by any other Provider. <br /> <br /> 8.1.5. Each Provider agrees to be bound by the terms and conditions <br />contained in the Policy. <br /> <br /> 8.1.6 Each Provider agrees that it will cooperate with the insurer and <br />with the City by reasonably and timely responding to the insurer’s request <br />for information or to appear at meetings or judicially mandated hearings. <br /> <br />8.2 Insurance as Sole Source for Liability and Indemnity. Each Provider hereto agrees <br />that it will only seek recovery for any liability incurred in carrying out the terms <br />of this Agreement from the insurance to be procured by the 3M Open Fund. <br /> <br />8.2.1 If a Party’s liability is not subject to recovery through the Policy, <br />then each Party agrees that it will otherwise be responsible for its own acts <br />and/or omissions and those of its officials, employees, representatives and <br />agents in carrying out the terms of this Agreement, whether those acts or <br />omissions occur within or outside of the jurisdiction or geographic limits <br />of the City of Blaine, and the results thereof to the extent authorized by <br />law and shall not be responsible for the acts and/or omissions of the other <br />239