Agmt16 County of San Mateo Use of Co Parking Structure

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4 . Relationship of the Parties . This Agreement is by and between independent parties and is not intended to , and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent parties . 5 . Non-Discrimination . City hereby warrants and agrees , in connection with I the performance of this Agreement, that it will not discriminate against any employee or applicant for employment because of race, religion , color, sex, sexual orientation, physical disability, or national origin . 6 . Hold Harmless . City shall indemnify and hold harmless County from all claims, suits or actions resulting from the acts or omissions of City relating to its duties under this Agreement. County shall indemnify and hold harmless City from all claims, suits or actions resulting from the acts or omissions of County related to its duties under this Agreement. The duty of the Parties to indemnify and hold harmless as set forth herein will include the duty to defend as set forth in Section 2778 of the California Civil Code . 7 . Insurance . The Parties shall maintain insurance to provide protection in the amount of at least one million dollars ($ 1 ,000,000) for any claims pursuant to Section 6 (Hold Harmless) of this Agreement. Each insurance policy, if applicable, shall be carried by a company authorized and admitted to do business in the State of California and which is financially responsible and capable of fulfilling the requirements of such policies. Each policy shall name the other Party as an additional insured . Each policy shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved and shall contain a provision to the effect Page 3 of 9 REV: 02-12-16 VR ATTY/AGR/2016/AMENDMENTS/AMEND NO. 3 COUNTY OF SAN MATEO — AMENDED & RESTATED COOPERATIVE AGR