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premises occupied by the Facility which might, under any Law, give rise to liability or which would or may require atty "response," "removal" or "remedial action" (as such berms are defined under CBRCLA), (iv) aay structural defect with respect to the Facility or the proarisae occupied by the Facility prior to, ae ofor after the commencement of the Management Tomr hereunder, or (v) any obligation or liability under or in respect of any contract, agreement or otltet instrument executed by SMG in conformity with the provisions of this Agreement aad where SMG has not breached the terms thereof (vi) arty non-compliance with any Pre-Brisling Agreement on or prior to the commencement of the Management Term, or (vi) a~ act or omission carried out by SMG at the specific written direction or written inetntction of the County and where SMG follows such written direction, its agents or employees; provided, however, that the foregoing indemnifi- cationunder clauses (i) and (ii) above shall not extend to Losses to the extent such Losses arise from any default or breach by SMG of its obligations specified herein. (c) The provisions set forth in subparagraphs (a) and (b) above shall survive termination of this Agreement; provided, however, that a claim for indemnification pursuant to Section 8.1 shall be valid only if the party entitled to such indemnification provides written no- tice thereof to the other party prior to three (3) years following the date of termination or expira- tion of this Agreement. (d) The terms of all insurance policies referred iA in Section 8, including without limitation (i) the property insurance policies of the County, and (ii) the policies of any independent contractors retained by the County or hired by SMG (such as, the food and beverage concessionaire retained by the County and emergency medical txhnioians who are not employed by SMG), shall preclude subrogation claims against SMG, ire partners, the County and their re- spective officers, directors, employees sad agents. SMG and the County hereby release each other from and against any aad all loss of or damage to property arising out.of or incident to any peril required to be insra~ed against herein. The effect of such release ie not limited to the amount of insurance actually carried or required to be carried, to the actual proceeds received after a loss or to any deductibles applioabie thereto. Bach party shall have the insurance company that issues its property coverage waive any tights of subrogation and shall have the insurance company in- clude an endorsement acknowledging this waiver, if nxeasary. Bither party's failure to carry the required insurance shalt not invalidate this waiver. 8.2 LiabilityLnnuance. (a) SMG shall exam and deliver td tha Contract Administrator prior to the commencement of the Management Term hereunder and shall keep in force at atl times during any period in which SMG has operations at the Facility, a commercial liability occurrence insur- ancepolicy, including public liability and property damage, covering the premises and the opera- tionshereunder, is the amount of One Million Dollars ($1,000,000.00) for bodily injury and One Million Dollars ($1,000,000.00) for property damage, including products and completed opera- tions and independent contractors. (b) 3MG shall also maintain Comprehensive Automotive Bodily Injury and Property Damage Insurance for business use covering all vehicles operated by SMG officers, rovieMcaMn„, aerommt vrwl md.doamied wbvnm agraamanevmul teddoo ®1995.200 21 F-3