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6. RISK MANAGEMENT <br /> 6.1 Indemnification <br /> Each party will defend and indemnify the other from third party claims damages, whether <br /> economic, bodily injury or property damage, to the extent of the indemnifying party's fault. C. <br /> As used in this section: (1) "City" includes the City's officers, employees, agents, and <br /> representatives; and (2) "Claims" include all losses, claims, demands, expenses (including, but <br /> not limited to, attorney's fees and litigation expenses), suits,judgments, or damage, whether <br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any <br /> other legal theory, whether such Claims have been reduced to judgment or arbitration award, <br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and <br /> irrespective of the type of damage alleged (such as bodily injury, damage to property, economic <br /> loss, general damages, special damages, or punitive damages). The duty to defend and <br /> indemnify shall survive the expiration or termination of this Agreement. <br /> 6.2 Insurance <br /> 6.2.1 General <br /> Vending Machine Operator will maintain commercial general liability, property damage, and <br /> product liability insurance that will provide coverage for claims, causes of action, or judgments <br /> for the injury or death of persons (including City officers and employees) and damage to <br /> property (including City property) that arise directly or indirectly from (i) any defect in soft drink <br /> dispensing or vending equipment installed or maintained by Vending Machine Operator at <br /> Everett Station; (ii)any adulterated Products sold or supplied by Vending Machine Operator; or <br /> (iii) from the intentional or negligent act or omission of Vending Machine Operator or its <br /> officers, agents, or employees in the performance of this Agreement. Vending Machine Operator <br /> shall procure and keep in force the policies described in this section at its own cost expense <br /> during the term of this Agreement. The policies must be issued by insurers authorized to do <br /> business in the State of Washington, which are rated at least"A" or better and with a numerical <br /> rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. <br /> 6.2.2 Policy Limits and Coverage <br /> Vending Machine Operator shall obtain and maintain insurance policies with the following <br /> policy limits: <br /> 6.2.2.1 Workers' Compensation Insurance as required by Washington law and <br /> Employer's Liability Insurance with limits not less than $1,000,000 per <br /> occurrence. <br /> 6.2.2.2 Commercial General Liability Insurance on an occurrence basis in an amount not <br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual <br /> aggregate, including but not limited to: premises/operations (including off-site <br /> operations), blanket contractual liability and broad form property damage. <br /> Page 5 <br /> 8 <br />