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Contractor agrees and understands that the work/services performed under this Services
<br /> Agreement are performed as an independent contractor and not as an employee of
<br /> County and that neither Contractor nor its employees acquire any of the rights, privileges,
<br /> powers, or advantages of County employees.
<br /> 13. Hold Harmless
<br /> 13.1 Contractor shall hold harmless and indemnify the County, and each
<br /> participating city as listed in Exhibit B as third party beneficiaries of this
<br /> Services Agreement, their officers, agents, and employees from all
<br /> claims, 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 not
<br /> limited to Contractor or its agents, officers or employees, or damage to
<br /> property of any kind whatsoever and to whomsoever belonging,
<br /> including but not limited to Contractor or its agents, officers, or
<br /> employees, or any other loss or cost, resulting from the performance or
<br /> nonperformance of any work or obligations required by the Agreement
<br /> of Contractor, and/or from any activities undertaken by Contractor, its
<br /> officers, employees or agents, under this Agreement, and which result
<br /> from the negligent or intentional 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 include the duty to defend as set forth in Section 2778 of
<br /> the California Civil Code.
<br /> 13.2 County shall hold harmless and indemnify the Contractor, its officers,
<br /> agents, and employees from all claims, suits or actions of every name,
<br /> kind and description, brought for, or on account of injuries to or death
<br /> of any person, including but not limited to County or its agents, officers
<br /> or employees, or damage to property of any kind whatsoever and to
<br /> whomsoever belonging, including but not limited to County or its
<br /> agents, officers, or employees, or any other loss or cost, resulting from
<br /> the performance or nonperformance of any work or obligations required
<br /> by the Agreement of County, and/or from any activities undertaken by
<br /> County, its officers, employees or agents, under this Agreement, and
<br /> which result from the negligent or intentional acts or omissions of
<br /> County, its officers or employees.
<br /> The duty of County to hold harmless and indemnify, as set forth herein,
<br /> shall include the duty to defend 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 employees, and the Contractor, its officers, agents and/or
<br /> employees, then the liability for any and all claims for injuries or
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