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Entry) of the General Provisions (Exhibit B) of this <br />Agreement; provided, however, that Permittee may fulfill its <br />obligation of defense by reimbursing Owner and its Agents <br />and Invitees for all of their reasonable costs and expenses, <br />including reasonable attorneys' fees and costs, incurred in <br />connection with the defense of any such claims; and provided <br />further, however, that this indemnity shall not extend to or <br />cover any loss, claim or demand suffered as the sole result of <br />the willful misconduct or grossly negligent acts of Owner and <br />its Agents and Invitees. Permittee may but is not required to <br />consider settlement of any claims arising under this Section 6 <br />(Indemnity and Hold Harmless), but any such settlement shall <br />be subject to the approval of the County Council for any <br />amount of loss or damages in excess of $10,000. <br />(c) Permittee shall ensure that each of Permittee's Contractors <br />shall execute an agreement whereby such Permittee's <br />Contractor shall indemnify Owner against any liability, <br />including all loss, damages, costs, expenses and attomeys' <br />fees, for any damage to real or personal property, if any, and <br />including environmental damage, or injury to or death of <br />persons when such damage, injury or death is caused by the <br />acts or omissions of Permittee's Contractor in the exercise of <br />the rights granted under this Agreement. <br />j) Insurance. Section 7 of the General Provisions (Exhibit B) of <br />this Agreement, "Insurance", shall be deleted in its entirety and <br />replaced with the following: <br />7. Insurance. Permittee self -insures. Permittee shall maintain <br />such self-insurance and obtain and provide to Owner a <br />Statement of Self -Insurance covering each fiscal year during <br />the term of this Agreement. <br />Permittee further certifies that it maintains workers' <br />compensation insurance and other coverages as may be <br />required by the laws of the State of Hawaii. <br />Permittee will also cause all Permittee's Contractors to secure <br />and maintain insurance in such amounts appropriate to such <br />Permittee's Contractor's use of the Property, and upon such <br />terms and conditions as are customarily included in such lines <br />of insurance written for responsible companies in the same <br />type of businesses, including without limitation the minimum <br />coverages described below. All such insurance policies shall <br />name Owner as an additional insured, shall provide for a <br />waiver of subrogation in favor of Owner, and copies of such <br />F0RM-Lmid-A.22(.).d.. <br />Reaomble ROE 6.13.19 <br />