Agmt16 San Mateo County Department of Housing

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__ _ i which arise aut of the terms and conditions of this Agreement, caused in whole or in part by the willful misconduct or any negligent act or omission of RWC, any subcontractor, anyone directly or indirectly employed by any of them ar anyone whose acts any of them may be liable, except where causeci by the sole negligence or willful misconduct of County. B. It is agreed that the County shall defend, hold harmless, and indemnify RWC and its officers, employees, agents, and servants from any and all claims, suits, damages, iosses, and expenses, incinding attorney's fees, which arise out of the tenns and conditions of this Agreement, caused in whole or in part by the willful miscanduct or any negligent act or omission of County, any subcontractor, anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of RWC. C. The duty of each party to defend, hold haxmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the Califarnia Givil Code. D. In the event of concurrent negligence or inter�tionallreckless acts of the County andlor its 4fficer and employees, on the one hand, and RWC andJor its officers, employees, agents and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/ar property which arise out the terms and conditions of this Agreement shall be apportioned according to the Califomia theory of comparative fault. E. The parties e�cpressly agree that this section shall survive the expiration or early termination of the Agreement V. SCAEDULE OF PAYMENTS AND PEItFORMANCE FOR FtSCAL YEAR 2015-16 RWC shall pay the entire contract ar�ount to DOH within two weeks of the Effective Date of this Agreement. Ther�eafter, DOH will provide the draft RFPs to 1tWC within 30 days of receipt of payrnent. Within two weeks of receipt of the draft RFPs, RWC shall provide any comments on the draft RkPs, along with a list of a�ny qualified master planners and financial consultants to r�ceive the RFPs. DOH wiil issue the RFt's promptly thereafter. VI. TERM A. Unless terminated earlier, the ter�► of this Agreement will cornmence upon the Effective Date and shall expire upon completion of performance of the contracts of the master planner(s) and financiai consultant(s) selected hereunder. Page 4 of 6 REV:02-19-16 FF ATTY/AGR.2015.029lSan Mateo County Department of Housing