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<br />of any kind brought for or on account of injuries to or death of any person <br /> <br />or damage to any property of any kind and to whomsoever belonging <br /> <br />which arise out of the performance or non performance of County's <br /> <br />obligations under this Agreement and which result from the actively <br /> <br />negligent or wrongful acts of County, its officers or employees. This <br /> <br />provision requiring County to hold harmless, indemnify and defend City <br /> <br />shall expressly not apply to claims, losses, liabilities or damages arising <br /> <br />from actions or omissions, negligent or otherwise, of Peninsula Humane <br /> <br />Society, or any other independent contractor, or its officers, employees or <br /> <br />agents, under its contract with the County. <br /> <br />In the event of concurrent negligence of the County, its officer or <br /> <br />employees, and the City, its officers and employees, then the liability for <br /> <br />any and all claims for injuries or damages to persons and/or property or <br /> <br />any other loss or costs which arise out of the terms, conditions, covenants <br /> <br />or responsibilities of this agreement shall be reapportioned according to <br /> <br />the California theory of comparative negligence. <br /> <br />Finally, the parties acknowledge that with respect to activities performed <br /> <br />by PHS in the incorporated areas, the County serves solely as a Contract <br /> <br /> <br />Administrator and solely with respect to the specific obligations contained <br /> <br /> <br />within this Agreement and the agreement between the County and PHS. <br /> <br /> <br />Accordingly, in the event the County or the Cities are sued and the suit is <br /> <br />4 <br />