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5. EQUIPMENT AND MATERIALS: CONTRACTOR shall provide all equipment, <br /> materials, and supplies necessary for the performance of the Agreement. <br /> 6. USE OF SUBCONTRACTORS: CONTRACTOR shall not assign this Agreement <br /> or any portion thereof to a third party without the prior written consent of RCSD. <br /> 7. LICENSES AND PERMITS: It shall be the CONTRACTOR"S responsibility to <br /> obtain and keep in force any license, permit or approval required from any agency for <br /> work/services or forfeit any right to compensation under this Agreement. <br /> 8. COMPLIANCE WITH STATE, FEDERAL AND LOCAL LAWS, <br /> REGULATIONS AND ORDINANCES: CONTRACTOR and all subcontractors shall ensure <br /> compliance with all state, federal and local laws or rules applicable to performance of the work <br /> required under this agreement, and shall execute all necessary certifications of compliance <br /> therewith. <br /> 9. RELATIONSHIP OF THE PARTIES: CONTRACTOR agrees and understands <br /> that the work/services performed under this Agreement are performed as an Independent <br /> Contractor and not as an employee of RCSD and that CONTRACTOR acquires none of the rights, <br /> privileges, powers or advantages of RCSD employees. <br /> 10. INSURANCE: Contractor shall take out and maintain during the term of this <br /> Agreement such bodily injury liability and property damage liability insurance as shall protect <br /> Contractor and all of its employees/officers/agents while performing work covered by this <br /> Agreement from any and all claims for damages for bodily injury, including accidental death, as <br /> well as any and all claims for property damage which may arise from Contractor's operations <br /> under this Agreement, whether such operations be by Contractor, any subcontractor, anyone <br /> directly or indirectly employed by either of them, or by an agent of either of them. Such insurance <br /> shall be combined single limit bodily injury and property damage for each occurrence and shall <br /> not be less than the amount(s) specified below: <br /> 11 . WAIVER: No delay or omission by either party in exercising any right under this <br /> Agreement shall operate as a waiver o that or any other right or prevent a similar subsequent act <br /> from constituting a violation of the Agreement. <br /> 12. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the performance <br /> of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant <br /> for employment because of race, religion, color, sex, physical handicap, or national origin. <br /> 13. Hold HARMLESS: "CONTRACTOR agrees to indemnify and defend RCSD, its <br /> employees, and agents from any all claims, damages, and liability in any way occasioned by or <br /> arising out of CONTRACTOR's performance of this Agreement. RCSD agrees to indemnify and <br /> defend CONTRACTOR, its employees, and agents from any claims, damages, and liability in any <br /> way occasioned by or arising out the RCSD's performance of this Agreement." <br /> ATTY/AGR/2016.283/REDWOOD CITY SCHOOL DISTRICT— PE PLUS <br /> REV: 10-06-16 RL <br /> Page 2 of 4 <br />