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FULL PACKET_2008-08-18
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08/18/2008
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FULL PACKET_2008-08-18
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without limiting the foregoing indemnification obligation, thQ ILJAdC will maintain <br />sufficient insurance coverage in effect at all times as recommended by their Risk <br />Manager, to cover any such damage claim, loss, cost, expense, action, <br />proceeding, liability, or obligation. <br />5.0~ Any contract with anon-member public agency ("non Member <br />Agency°) receiving services pursuant to this Agreement snap include a mutual <br />indemnification provision wherein the non Member Agency and the ILJAOC shall <br />mutually agree to defend and indemnify the other in an amount equal to its <br />proportionate share of liability on a comparative fault basis_ The contract shall <br />also provide: 1) That the indemnity obligation shall exist with respect to any <br />claim, Ions, liability, damage, lawsuit, cost, or expense that arises out of, or is in <br />any way related to, the performance of services pursuant to the contract; and 2} <br />The obligation of the non Member Agency and the ILJAOC pursuant to the <br />indemnification provision will extend, without limitation, to an injury, death, loss, <br />or damage which occurs in the performance of the contract and that is sustained ~ <br />by any third party, any agent, or contractor of the non Member Agency or the <br />ILJAOC. <br />b_Q5 Member Agencies shall be responsible for the continued provision <br />of worker's compensation coverage for the officers or employees of the Member <br />Agencies that are assigned to provide services to the ILJAOC andlar serve as <br />officers or employees of the It-,IAOC. In this regard, each Member Agency shall <br />defend, indemnify, and hold harmless the ILJAOC and any other Member <br />Agencies, and their respective officials officers, employees, contractors, agents, <br />and representatives with respect to any claim, loss, liability, damage, lawsuit, <br />cost, or expense, including attorney's fees and costs, that arises out of, or is in <br />any way related, to any industriallwQrker compensation injury sustained by an <br />officer or employee of the indemnifying Member Agency during the performance <br />of service to the ILJAOC ar the other Member Agencies under this Agreement. <br />5.1)s ILJAOC shall employ tha principles of sound risk management in its <br />operations. Risks of loss shay be identified, evaluated, and treated in a manner <br />that protects the ILJAOC and each Member Agency from adverse financial <br />16 <br />25J-17 <br />
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