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Dec 12 2008 9 : 21RM Geis, Coon, & Keen LLP 1(20918-9451 p. 4 agents and employees, against and from any and all loss, damage, claims, demands, actions, causes of action, penalties, costs and expenses of whatsoever nature, Including court costs and attorney's fees, which may result from injury to or death of any persons whomsoever including, but not by way of limitation, officers, agents and employees of the District, or others, against and from damages to or loss or destruction of property whatsoever including, but not by way of limitation, damage to the levees, canals, appurtenant facilities, equipment or other property of the District in its care or custody, when such injury, death, loss, destruction or damage to arises because of: (a) The boring proposed by City: or (b) The prosecution of any work contemplated by this Agreement or the presence, operation or use of the equipment used by City. This Indemnity shall not extend to claims for damages arising out of the death of, or personal injury to, employees of the District to the extent that they are within the coverage of the Worker's Compensation Insurance carried bythe district, The foregoing release and indemnity shall be effective notwithstanding any assertion that the District or others indemnified and released were themselves negligent and that such negligence was a contributing cause of the damage or loss claimed, except where District Itself was actively negligent. B. City represents that it is self Insured and maintains Worker's Compensation Insurance as required by the State of California and general liability insurance both in the amounts sufficient to provide $5,000,000 per occurrence and $5,000,000 in the aggregate. City will fumish certificates of insurance to the District at the time of executing this contract as evidence of coverage being in effect. C. City shall comply with any and all prevailing wage laws as now or hereafter implemented, 4. Corrective Actions. City further agrees that the property of the District to which this encroachment applies will be left, following the encroachment, in as good or better condition than they were before this Agreement was entered into. In the event the manager of the District, in his sole dlscretlon, determines that the property is not left in as good orbetter condition than before this Agreementwas consummated,City agrees to take such corrective action as the Manager directs, at the sole expense of City and at no expense to the District. City agrees in the event that It fails to make corrections requested by the Manager of the District, that the District may make such corrections at City's expense, and City agrees to pay the cost of such corrections in full upon demand by the District and within thirty (30) days with interest accruing thereafter at the rate of one percent (1%) per month on the unpaid balance. 3