Agmt16 County of San Mateo Cost Sharing Cape Sealing

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�� H � __ . . • � project plans and specifications for the County's contract. Said approval or disapproval, if any, by the City shall be provided within ten (10) calendar days of the County's request for same so as to not cause the County to sustain any claims from the Contractor for delays. It is assumed that the work described herein is approved by the City if no response is received within the said ten(10)calendar days. 12. To the full extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers, agents and employees from all claims, damages, suits, or actions of every name, kind, and descriprion, arising out of or relating to the matters covered by this Agreement to the extent that such claims,damages, suits or actions are due to the negligence or willful misconduct of the City or the City's failure to perform obligations required of the City under this Agreement. Likewise, to the full extent permitted by law, the County shall defend, indemnify and hold harmless the City, its officers, agents and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent such claims, damages, suits or actions are due to the negligence or willful misconduct of the County or the County's failure to perform obligarions required of the County under this Agreement. The duty to defend, indemnify and hold harmless includes the obligations as set forth in California Civil Code 2778. The County shall require the Contractor to name the City and the County, their officers, agents, and employees as additional insureds on all insurance documents, which Contractor is required to provide for this project, and to include all work performed on behalf of the City in the bonds, warranties and guaranties to be furnished by the County's Contractor according to the specifications. The benefits arising under this Section 12 shall apply to the respective directors, officers, employees and agents of the parties thereto. REV:05-13-16 FF Page 4 of 5 ATTY/AGR.2016.102/Cost Sharing Agreement- 2016 County-Wide Cape and Slurry Seal Project