Common use of Apportionment of Liability Clause in Contracts

Apportionment of Liability. The DEPARTMENT and GRANTEE shall be responsible only for the acts, omissions or negligence of such entity’s own employees. The term “employee” is defined for the purposes of this section as set forth in Idaho Code section 6-902. Nothing in this Agreement shall extend the tort responsibility or liability of either the DEPARTMENT or GRANTEE beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901 et seq. Each party shall be responsible for damage to property of the other party caused by its employees in the performance of the Agreement to the extent funds are legally available therefore. The DEPARTMENT participates in the comprehensive liability plan provided through the Risk Management Program established under Idaho Code section 67-5733 et seq. At GRANTEE’s request, the DEPARTMENT shall provide confirmation of participation, including evidence of participation in workers’ compensation provided by the State Insurance Fund. At the DEPARTMENT’s request, GRANTEE shall provide evidence of participation in a self-insurance program or retained liability program or certificates of insurance evidencing liability and property coverage, including workers’ compensation coverage. If a property claim or damage is not covered by the party’s self-insurance or other property coverage, the responsible party shall pay the costs arising from such claim or damage to the extent funds are legally available therefore. If a claim or damage arises from more than one party’s performance of the Agreement or is not allocable to any party, each party shall pay the costs to such party arising from the claim or damage.