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Agmt15 Peninsula Humane Society
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Agmt15 Peninsula Humane Society
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Last modified
8/13/2020 10:38:54 AM
Creation date
6/22/2015 4:58:16 PM
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Agreement
Contractor Name
Peninsula Humane Society and SPCA
PROJECT NAME
Animal Control Services
RMP File Number
304
Date
6/2/2015
Amendment
Yes
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meet the financial needs of maintaining the Shelter, and/or performing Contractor's <br />maintenance and repair duties under this Agreement, the Contractor will not be <br />responsible for the payment of any overage, unless caused by its negligent or intentional <br />acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, <br />Contractor will use best efforts to provide County with notice as soon as it becomes aware <br />of such potential overage, on a quarterly basis, and provide adequate documentation of <br />the cause and amount of such anticipated coverage. <br />E. Indemnification and Insurance <br />1. Hold Harmless & Indemnification <br />(i) Contractor shall hold harmless and indemnify the County, and each <br />participating city as listed in the Animal Shelter Service Agreement as third <br />party beneficiaries, their officers, agents, and employees from all claims <br />related to performance of this Agreement and/or use, operation, maintenance <br />or repair of the Shelter by Contractor or its employees, contractors or agents <br />including suits or actions of every name, kind and description, brought for, or <br />on account of: (1) injuries to or death of any person, including but not limited <br />to actions brought for (or on account of) injuries or death to County or <br />Contractor's agents, officers or employees; (2) damage to property of any kind <br />whatsoever and to whomsoever belonging, including but not limited to <br />damage to property of County or Contractor or its agents, officers, or <br />employees; or any other loss or cost, resulting from the performance or <br />nonperformance of any activities undertaken under this Agreement, and/or <br />which result from the negligent or intentional acts or omissions of Contractor, <br />its officers, agents or employees. This obligation shall survive the termination <br />of this Agreement for any claims arising during its term. <br />(ii) The County shall hold harmless and indemnify Contractor, its officers, agents, <br />and employees from all claims caused by the conduct of the County, or its <br />agents, officers or employees, including but not limited to suits or actions of <br />every name, kind and description, brought for, or on account of: (1) any and <br />all claims related to the construction, and/or repair of the shelter by the <br />County, whether such claims are based on performance or performance of an <br />obligation, and whether such claims are based on conduct that happened <br />before and/or after Contractor took possession of the Shelter; (2) injuries to or <br />death of any person, including but not limited to actions brought for (or on <br />account of) injuries or death to County's agents, officers or employees; (3) <br />damage to property of any kind whatsoever and to whomsoever belonging, <br />including but not limited to damage to property of the County or its agents, <br />officers, or employees; or any other loss or cost, resulting from the <br />performance or nonperformance of any activities undertaken under this <br />Agreement, and which result from the negligent or intentional acts or <br />omissions of the County, its officers or employees. This obligation shall <br />survive the termination of this Agreement. <br />3 <br />Animal Control Shelter Facility Maintenance Agreement <br />
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