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Contractor agrees and understands that the work/services performed under this Services <br /> Agreement are performed as an independent c�ntracfor and not as an employee of <br /> County and that neifher Contractor nor its employees acquire any of the rights, privileges, <br /> powers, or advantages of County employees. <br /> 13. Hold Harmiess <br /> 13.9 Contractor shaU hold harmless and indemnify the County, and each ; <br /> participating city as listed in Exhibit B as third party bene�ciaries of this <br /> Services Agreement, their officers, agents, and employees firam aIl <br /> clairr3s, suits or actions of every name, kind and description, brought <br /> for, or on account of injuries to or death of any person, including but nat <br /> (imited #o Confractor or its ag�nts; officers or employees, or damage to - <br /> property of any kind whatsoever and to whomsoever belanging, <br /> including bufi not lirnited to Contractor or its ag�nts, officers, or <br /> employees, or any othar toss or cost, resulting fram the perfiormance ar <br /> nonperformance af any work ar obtigations required by the Agreement <br /> of Con#ractor, and/ar from any activities undertaken by Contractor, its ' <br /> officers, em�(oyees or agents, under this Agreement, and which result <br /> frorn the negligent or in#entional acts or omissions of Contractor, its <br /> officers or employees. <br /> The duty of Contractor to hold harmless and indemnify as set forth <br /> _ herein, shall inciude the duty to defend as set forfh Pn Section 2778 af <br /> the Cafifomia Ci�il Code. <br /> 13.2 County shal( hold harmless and indemnify fhe Contractor, its officers, <br /> agents, and employees from alf claims, sui#s or actions of every name, <br /> kind and descripfion, brotaght for, or on account of injuries #a or death ' <br /> of any person, including bu# not lirnifed ta County or its agents, officers <br /> or employees, or damage to property of any kind whatsoever and to <br /> whomsoever be3onging, including but not limited to County or its <br /> � agents, officers, or employees, or any other loss or cost, resu[ting from <br /> the performance or nonperformance of any work or ob(igations required ; <br /> by the Agreement of County, and/or from any activities undertaken by <br /> County, its officers, errtployees or agents, under this Agreement, and <br /> wt�ich result from the negligent or intentional acts or omissions of <br /> County, its officers or empfoyees. <br /> Th� duty of County to hald harmless and indemnify, as set forth herein, <br /> shalf include the dufy to defet�d as set forth in Section 2778 of the <br /> California Civil Code_ <br /> in the event of concurrent negligence of the County, its officers, agents ' <br /> and/or emplbyees, and the Cantractor, its officers, agents and/or . ; <br /> employees, khen the liability fior any and a!I claims for injuries or <br /> February 5,20':5 -10- <br /> � <br /> � <br />