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6.3 TI-~ F01tECOnvG W,vtRArr'[7 IS FxCLUSIVE Arm IN LIEU OF AI.I.OTHEx WAxRA1vT~'s, WHETI~R
<br />WRITTEN, ORAL, IMPLIED OR STATUTORY, WCLUDING ANY WARRANTY OF MERCHANTABILITY.
<br />TRC DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF OTHERS DESIGNATED BY ORANGE
<br />COUNTY.
<br />ARTICLE 7. INSURANCE
<br />7.1 TRC will procure and maintain insurance as described below. At a minimum, TRC will have the
<br />following coverage:
<br />(1) Worker's compensation and occupational disease insurance in statutory amounts.
<br />(2) Employer's liability insurance in the amount of $1,000,000.
<br />(3) Automobile liability in the amount of $1,000,000.
<br />(4) General comprehensive liability insurance for bodily injury, death or loss of or damage to
<br />property of third persons in the amount of $1,000,000 per occurrence, $2,000,000 in the
<br />aggregate.
<br />ARTICLE 8. INDEM1vITY
<br />8.1 TRC shall hold harmless and indemnify Orange County to the extent of their proportionate
<br />responsibility therefore, from any claims, demands, expenses or liabilities caused or alleged to have
<br />been caused by injury to, or death of, personnel and damage to third-party property, properly and
<br />reasonably incurred in connection with defending any claim arising out of the negligent acts or
<br />omissions of TRC in performance of the TRC' S work under this Agreement. To the extent of the
<br />law and insurance policies owned by Orange County, Orange County shall hold hannless and
<br />indemnify TRC to the extent of their proportionate responsibility therefore, from any claims,
<br />demands, expenses or liabilities caused or alleged to have been caused by injury to, or death of,
<br />personnel and damage to third-party property, properly and reasonably incurred in connection with
<br />defending any claim arising out the negligent acts or omissions of Orange County as it respects
<br />TRC's work under this agreement. Nothing herein shall be construed to mean that either TRC or
<br />Orange County shall hold harmless and indemnify the other from claims, demands, expenses or
<br />liabilities arising out of any acts or omissions of the respective officers, agents or employees.
<br />ARTICLE 9. ALLOCATION OF RISK
<br />9.1 To the fullest extent permitted by law, the total liability in the aggregate of TRC and its employees,
<br />subcontractors or suppliers to Orange County and anyone claiming by, through or under Orange
<br />County on all claims of any kind (excluding claims for death or bodily injury) arising out of or in
<br />any way related to TRC'S services, or from any cause or causes whatscever, including but not
<br />limited to negligence, errors, omissions, strict liability, indemnity or breach of contract, shall not
<br />exceed the compensation received by TRC for the task order upon which such liability is based, or
<br />the ma~cimum amount of TRC'S insurance coverage, whichever is greater. All such liability shall
<br />terminate on the expiration date of the warranty period specified in Article 6.
<br />9.2 In no event, whether in contract, indemnity, warranty, tort (including negligence), strict liability or
<br />otherwise shall TRC, its employees, subcontractors or suppliers be liable for: loss of profits or
<br />revenue; loss of use of any equipment or facilities; cost of capital; cost of pwchased power; cost of
<br />OIGL+N-T&C.DOC
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