|
Page 6
<br />3.$500,000 – Bodily Injury by Accident
<br />Additional Insurance Conditions.
<br />St. Anthony shall, prior to commencing the Police Services, deliver to Lauderdale a Certificate of
<br />Insurance as evidence that the above coverages are in full force and effect.
<br />VIII.LIABILITY.
<br />A.Indemnification. Except for automobile liability claims, Lauderdale agrees to indemnify,
<br />defend, and hold harmless St. Anthony and its officers, agents, and employees against any
<br />claim for damages arising out of St. Anthony’s performance or failure to perform its
<br />obligations under the terms of this Agreement. St. Anthony agrees to indemnify, defend,
<br />and hold harmless Lauderdale and its officers, agents and employees from all auto liability
<br />claims arising out of St. Anthony’s performance of its obligations under the terms of this
<br />Agreement.
<br />St. Anthony shall not be responsible for the cost of any claims, alleged injuries, or damages
<br />received by any person or property resulting from any negligence, act, or omission of St.
<br />Anthony, its officers, agents, or employees in carrying out the terms and conditions of this
<br />Agreement except in instances where such costs exceed Lauderdale’s $3,000,000 coverage.
<br />St. Anthony shall indemnify, defend, and hold harmless Lauderdale only to the extent that
<br />such claims exceed $3,000,000. If Lauderdale’ coverage limit is exhausted, Lauderdale
<br />and its coverage provider shall have no further obligation to defend St. Anthony. However,
<br />upon the advice of defense counsel and the liability coverage provider for each party,
<br />Lauderdale and St. Anthony may cooperate in the defense of any action. Nothing herein
<br />shall be construed to provide coverage or indemnification to an officer, agent, or employee
<br />of any Party for any act or omission for which the officer, agent, or employee, was not
<br />acting in the performance of the duties of their position, and/or is guilty of malfeasance in
<br />office, willful neglect of duty, or bad faith.
<br />Except as otherwise specified, Lauderdale shall not be called upon to assume any liability
<br />for the direct payment of any salaries, wages, or other compensation to any St. Anthony
<br />personnel performing Policing Services pursuant to this Agreement for Lauderdale and St.
<br />Anthony hereby assumes said liabilities.
<br />Except as otherwise specified, Lauderdale shall not be liable for compensation or
<br />indemnification to any St. Anthony employee for injury or sickness arising out of the
<br />performance of Policing Services pursuant to this Agreement, and St. Anthony hereby
<br />agrees to indemnify, defend, and hold harmless Lauderdale against any such claim.
<br />St. Anthony, its officers and employees shall not be deemed to assume any liability for
<br />intentional misconduct or negligent acts of Lauderdale or of any other officers, agent, or
<br />employee thereof, and Lauderdale shall hold St. Anthony and its officers and employees
<br />harmless from, and shall defend and indemnify St. Anthony and its officers and employees
<br />against any claim for damages arising out of Lauderdale’ negligent performance or failure
<br />to perform its obligations pursuant to this Agreement.
<br />30
|