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any facilities, structures, easements or right-of-way area which are the subject matter of this Agreement in any way not expressly authorized by this Agreement . 3. Indemnity Release and Insurance A. As a major inducement and consideration for the license and permission herein , ATC shall (1) indemnify and hold harmless and (ii) release the District, its officers, 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 borings proposed by ATC ; or (b) The prosecution of any work contemplated by this Agreement or the presence, operation or use of the equipment used by ATC . 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 by the 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. ATC agrees to maintain Worker's Compensation Insurance as required by the State of California and Commercial General Liability Insurance in the amount of $5,000 ,000 per occurrence and $5 , 000 ,000 in the aggregate . District will be added as an additional insured on the Commercial General Liability Insurance. ATC will furnish certificates of insurance to the District at the time of executing this contract as evidence of coverage being in effect. C. ATC shall comply with any and all prevailing wage laws as now or hereafter implemented . 4 . Corrective Actions. ATC 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 discretion , determines that the property is not left in 3 a, aged Pi 7P - a4, a - rn7 xHa IarNaCHI mel nNH WHGP : /. R, nn ? bt jdk