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~, ~~- J. INSURANCE Throughout the terms of this Agreement, Community will maintain such policies and plans (to include overage by self-insurance) of commercial liability (including contractual liability coverage) and other insurance ($1,000.000 per occurrence and 2,000,000 aggregate) to insure the Community and its employees against claims for damages brought against any or all of them by third parties and arising by reason of personal injury, death or damage to persons or property in connection with the performance by the Community and its employees their respective duties and responsibilities under this Agreement. Proof of Insurance shall be provided to the Board. K. LIABILITY Community, to the fullest extent permitted by Ohio law and decisions there under, shall be responsible for any and all personal injury and property damage incurred by the Board which is attributable to the negligent actions or omissions or reckless misconduct of Community, or its officers or employees while acting within the scope of their employment. Each party will be responsible for any liability, claim, loss, damage or expense arising from its negligent acts or omissions in connection with its performance of this Agreement, or its failure to comply with the terms of this Agreement, as determined by a court of competent jurisdiction. Each party shall also be afforded immunity from tort liability, as applicable, pursuant to the Public Readiness and Emergency Preparedness Act (42 U.S.C. Sections 247d-6d, 247d-6e, as amended. Volunteers are covered under the Board's liability policy while acting within the scope of authority of the Mass Dispensing/Vaccination Plan and performing authorized activities. L. ENFORCEABILITY In any provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of the Agreement and any other application of such provision shall not be affected thereby. M. INTERPRETATION This agreement shall be interpreted according to the laws of the State of Ohio, regardless of its place of execution. Any actions, suits, or claims that may arise pursuant to this agreement shall be brought in a court of competent jurisdiction in the State of Ohio. This document represents the entire Agreement between the parties. Any amendments shall be in writing and agreed upon by both parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date and year first above written. FOR Community: Date FOR THE BOARD: Terry Allan Health Commissioner Date Thr le~~d Curm and eurrccincss of •itl [n Ins~rumm • npprnvrd. A1iclmclD.1'olcarn~ T POD H1N1 Activation and SNS Plan (Version Date 11/23/2009) Page 3 of 3