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Home My WebLink About03.a.(Handout) 2024 Acme Contract Section 15 Indemnification updated languageCENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORPORATION (Section 15 updated language) 15. INDEMNIFICATION 15.1 Mutual Indemnity DISCHARGER shall indemnify and hold the DISTRICT, its officials, employees, agents free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, including damage or loss to property or injury or death to persons (collectively, "District Claims") to the extent arising out of the proven active or passive negligence or breach of this Agreement by DISCHARGER, its officials, officers, employees, subcontractors, consultants or agents in connection with DISCHARGER'S performance of this Permit Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, DISCHARGER's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the gross negligence or willful misconduct of the DISTRICT or the DISTRICT's agents, servants, or independent contractors who are directly responsible to the DISTRICT. DISTRICT shall indemnify and hold DISCHARGER, its officers, employees, agents free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, including damage or loss to property or injury or death to persons -(collectively, "Discharger Claims") to the extent arising out of the proven active or passive negligence or breach of this Agreement by DISTRICT, its officials, officers, employees, subcontractors, consultants or agents in connection with DISTRICT'S performance of this Permit Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, DISTRICT's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the gross negligence or willful misconduct of the DISCHARGER or the DISCHARGER's agents, servants, or independent contractors who are directly responsible to the DISCHARGER.