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7.1.A. - Page 5
<br /> 5. insurance
<br /> The City shall take out and maintain during the life of this Agreement such Bodily Injury Liability
<br /> and Property Damage Liability Insurance as shall protect the City's employee while performing
<br /> work covered by this Agreement from any and all claims for damages for bodily injury,including
<br /> accidental death, as well as any and all operations under this Agreement. Such insurance shall be
<br /> combined single bodily injury and property damage for each occurrence and shall not be less than
<br /> $1,000,000.
<br /> 6. Hold Harmless
<br /> Defend, indemnify,and save harmless the County Superintendent and the San Mateo County Board
<br /> of Supervisors,their boards, commissions,officers,employees and agents("Indemnitees"), from and
<br /> against any and all claims,suits,actions liability, loss,damage, expense, cost(including,costs and
<br /> fees of litigation) of every nature,kind or description,which may be brought against, or suffered or
<br /> sustained by Indemnitees to the extent such claims, suits, actions, liability,loss, damage, expense,
<br /> cost(including costs and fees of litigation)of every nature,kind or description which may be
<br /> brought against,or suffered or sustained by Indemnitees are caused by the negligent act or omission,
<br /> intentional tortious act or omission,or willful misconduct of City,its officers, employees or agents
<br /> in the performance of any services or work pursuant to this Agreement.
<br /> 7. Termination of the Agreement
<br /> The City shall reserve the right to terminate this Agreement for any material breach of this
<br /> Agreement by the County Superintendent by using the following procedure. If the City believes the
<br /> County Superintendent has materially breached this Agreement,it shall provide written notice to the
<br /> County Superintendent specifically indicating the basis for the material breach. The County
<br /> Superintendent shall have 30 days from receipt from the written notice to cure such breach. If, after
<br /> 30 days the County Superintendent fails to cure the breach,the City shall provide 30 days written
<br /> notice to terminate the contract.
<br /> 1Y. OTHER TERMS OF AGREEMENT
<br /> 1. This agreement is of no force or effect unless,or until,the authorized signatures from the County
<br /> Superintendent and the City appear on this document.
<br /> 2. Any controversies between the Parties regarding construction of application of the Agreement, as
<br /> may be amended,and claims arising out of the Agreement,as may be amended, or its breach, shall
<br /> be submitted to mediation within thirty(30)days of the written request of one Party after service of
<br /> that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one
<br /> mediator within a reasonable time, the Party demanding mediation shall request the Superior Court
<br /> of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight
<br /> (8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement.
<br /> The cost of mediation shall be borne by the Parties equally. Mediation under this section is a
<br /> condition precedent to filing an action in any court. In the event mediation or litigation arises out of
<br /> any dispute related to the Agreement,as may be amended,the Parties shall each pay their respective
<br /> attorneys fees,expert witness costs and cost of suit,regardless of the outcome of the litigation.
<br /> Agreement RWC_CCPC Page 3 of 4 7/1/15-6/30/16
<br /> ATTY/AGR2015-080/San_Matea.Ccau -Cake-,o#_F i- _
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