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<br />Docusign Envelope ID: 6DA6840A-CBC0-4053-80F1-F219D97CE273 <br />MOU No. :M-017-25 <br />SCAG Project/OWP No. :305.4927.03 <br />ii. For any claims related to this Project, Recipients’ insurance coverage shall be primary insurance <br />as respects SCAG, its officials, and employees. Any insurance or self-insurance maintained by <br />SCAG shall be excess of Recipients’ insurance and shall not contribute with it. <br />iii. Any failure to comply with reporting or other provisions of the policies including breaches of <br />warranties shall not affect coverage provided to SCAG, its officials, and employees. <br />iv. Recipients’ insurance shall apply separately to each insured against whom claim is made or suit <br />is brought, except with respect to the limits of the insurer’s liability. <br />d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of subrogation <br />endorsement in favor of SCAG, its, officials, employees, and volunteers. <br />e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved <br />by SCAG. <br />f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of noIn Processless than A and be admitted, unless otherwise approved by SCAG. <br />g. Recipients shall furnish SCAG with original endorsements and certificates of insurance evidencing <br />coverage required by this clause. All documents are to be signed by a person authorized by that insurer <br />to bind coverage on its behalf. All documents are to be received and approved by SCAG before work <br />commences. Upon request of SCAG at any time, Recipients shall provide complete, certified copies <br />of all required insurance policies, including endorsements affecting the coverage required by these <br />specifications. <br />h. Sub-Recipient agrees to ensure that the CBOs provide the same minimum coverage and <br />endorsements required of Sub-Recipient. Sub-Recipient agrees to monitor and review all such <br />coverage and assumes all responsibilities for ensuring that such coverage is provided in conformity <br />with the requirements of this Section. <br />14. Indemnification <br />Recipients shall fully defend, indemnify and hold harmless SCAG, its members, officers, employees, <br />and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including <br />attorneys’ fees, brought forth or arising under any theories or assertions of liability, occurring by or <br />resulting from or otherwise related to the Project or this MOU. Such obligations shall not, however, <br />extend to any claims, losses, liabilities, damages, expenses, suits, or actions that arise from SCAG’s <br />gross negligence or willful misconduct. <br />15. Disputes <br />Except as otherwise provided in this MOU, any dispute arising under this MOU which is not resolved <br />by mutual agreement shall be decided through binding arbitration by a three (3) member panel in <br />accordance with the rules of the American Arbitration Association and as provided in this provision. <br />If this provision differs from the rules of the American Arbitration Association, then this provision <br />shall control. Recipients shall continue with the responsibilities under this MOU during any dispute <br />Page 13