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2017/05/31 Council Agenda Packet
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2017/05/31 Council Agenda Packet
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Council Agenda Packet
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5/31/2017
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• <br /> 15 <br /> • 7. AMENDMENT. ICART Participants reserve the right to amend this Agreement in the • <br /> • future from time to time as may be mutually agreed upon. No such amendment shall be <br /> effective unless written and signed by all ICART Participants with the same formality as <br /> this Agreement. <br /> 8. TERNIINATION. Any ICART Participant may terminate its participation in this <br /> Agreement by providing thirty(30)days written notice to the other ICART Participants. <br /> In the event an ICART Participant terminates its participation, all equipment contributed <br /> by that participant will be returned as soon as practical. <br /> 9. INSURANCE. All ICART Participants are required,to the best of their ability,to <br /> coordinate their liability insurance coverage and/or self-insurance coverages to the extent <br /> possible to fully implement and follow the Agreement. However,the consent of any <br /> liability insurance carrier or self-insurance pool is not required to make this Agreement <br /> effective as between the participants. <br /> • <br /> 10.HOLD HARMLESS. <br /> a. Each party to this Agreement shall indemnify, defend, and hold the other parties <br /> and its agents,employees,and contractors harmless from and against any and all <br /> costs,liabilities, suits,losses, damages, claims, expenses,penalties or charges, <br /> including,without limitation,reasonable attorneys' fees and disbursements, that <br /> the other party may incur or pay out by reason of: any accidents, damages or <br /> injuries to persons or property occurring during the Term of this Agreement,but <br /> only to the extent the same are caused by any negligent or wrongful act of the <br /> indemnifying party. <br /> b. In the case of allegations, complaints, or claims against more than one party,any <br /> damages allowed shall be levied in proportion to the percentage of fault <br /> attributable to each party, and each party shall have the right to seek contribution <br /> from each of the other parties in proportion to the percentage of fault attributable <br /> to each of the other parties. Moreover,the parties agree to cooperate and jointly <br /> defend any such matter to the extent allowed by law. An ICART Participant that <br /> has terminated its participation in ICART assumes no responsibility for the <br /> actions of the remaining participants arising after the date'of withdrawal,but shall <br /> remain liable for claims of loss or liability arising prior to the effective date of <br /> termination. <br /> 11.LIMITED WAIVER OF TRIBAL SOVERIGN EVIMUNITY. <br /> Page 4 of 7 <br /> 51 . <br />
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