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Attachment 3 <br />page 10 of 34 <br />This provision requiring County to hold harmless, indemnify, and defend each City shall <br />expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, <br />negligent or otherwise, of PHS or any other independent contractor providing animal control - <br />related services pursuant to a contract with the County. Claims related to the planning and/or <br />construction of the new Animal Care Shelter facility are not claims, Iosses, liabilities, or <br />damages related to "animal control -related services" within the meaning of this Agreement, <br />In the event of concurrent negligence of the County, its officers, or employees, and any City, its <br />officers and employees, then the liability for any and all claims for injuries or damages to <br />persons and/or property oK any other loss or cost which arises out of the terms, conditions, <br />covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation <br />according to the California theory of comparative negligence. <br />7. Assignability: Except as otherwise expressly provided for herein, no Party shall assign any of <br />its obligations or rights hereunder without the consent of all other Parties. <br />S. Notices: Any notices required to be given pursuant to this Agreement shall be given in <br />writing and shall be mailed to all Parties to the Agreement, as follows: <br />To City: <br />To County: <br />IN 'WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF SAKI MATEO has <br />authorized and directed the President of the Board of Supervisors to execute this Agreement for <br />and on behalf of the County, and the Cities ofATHERTON, BELMONT, BRISBANE, <br />BURLINGAME, COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON <br />BAY, HILLSBOROUGH, MENLO PARK., MILLBRAE, PACIFICA, PORTOLA VALLEY, <br />REDWOOD CITY, SALT BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN <br />FRANCISCO, AND WOODSIDE have caused this Agreement to be subscribed by each of their <br />duly authorized officers and attested by their Clerks, <br />Dated: September 9, 2014 <br />Clerk of the Board <br />Resolution #073369 <br />COUNTY n,F,SAN MATEO <br />