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9. RELATIONSHIP OF THE PARTIES: CONTRACTOR agrees and <br /> understands that the work/services performed under this Agreement are performed as <br /> an Independent Contractor and not as an employee of RCSD and that CONTRACTOR <br /> acquires none of the rights, privileges, powers or advantages of RCSD employees. <br /> 10. INSURANCE: CONTRACTOR understands the RCSD does not provide <br /> liability, malpractice, or workers compensation insurance for the CONTRACTOR. The <br /> CONTRACTOR is responsible for the maintenance of personal and professional <br /> insurance to provide protection for any claims arising out of service under this <br /> agreement. The CONTRACTOR assumes all liability for services provided under this <br /> contract except for liability arising from the negligence or willful misconduct of RCSD or <br /> its officers, employees, agents, or assigns. The CONTRACTOR will provide proof of <br /> insurance and will identify RCSD as an additional insured. <br /> 11 . WAIVER: No delay or omission by either party in exercising any right <br /> under this Agreement shall operate as a waiver of that or any other right or prevent a <br /> similar subsequent act from constituting a violation of the Agreement. <br /> 12. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the <br /> performance of this Agreement, the CONTRACTOR shall not discriminate against any <br /> employee or applicant for employment because of race, religion, color, sex, physical <br /> handicap, or national origin. <br /> 13. INDEMNIFICATION: CONTRACTOR agrees to defend, indemnify and <br /> hold harmless RCSD and its officers, employees, agents, and assigns from and against <br /> any and all claims, damages, losses, expenses (including attorney fees), and liability in <br /> any way occasional by or arising out of (i) CONTRACTOR's breach of its obligations <br /> under this Agreement or (ii) the willful misconduct or any negligent act or omission of <br /> CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of <br /> them or anyone for whose acts any of them may be liable, except where caused by the <br /> sole negligence or willful misconduct of RCSD. <br /> RCSD agrees to defend, indemnify and hold harmless CONTRACTOR, its <br /> officers, employees, agents, and assigns from and against any and all claims, damages, <br /> losses, expenses (including attorney fees), and liability in any way occasioned by or <br /> arising out of (i) RCSD's breach of its obligations under this Agreement, or (ii) the willful <br /> misconduct or any negligent act or omission of RCSD any subcontractor, anyone <br /> directly or indirectly employed by any of them or anyone for whose acts any of them <br /> may be liable, except where caused by the sole negligence or willful misconduct of <br /> CONTRACTOR. <br /> The parties expressly agree that any reasonable payment, attorney's fee, cost, or <br /> expense COTNRACTOR incurs or makes to or on behalf of an injured employee under <br /> CONTRACTOR's self-administered worker's compensation in included as a loss, <br /> expense, or cost for the purposes of this section. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of this Agreement. <br /> 13CtiWittfib16.088/Redwood City School District - Selby Lane <br /> Page 2 of 9 <br />