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<br /> County, its officers, employees and agents from and against any and all <br /> claims, suits or actions of every kind brought for or on account of injuries <br /> to or death of any person or damage to any property of any kind <br /> whatsoever and to whomsoever belonging which arise out of the <br /> performance or nonperformance of City's covenants and obligations under <br /> this Agreement and which result from the actively negligent or wrongful <br /> acts of City or its officers, employees, or agents. <br /> County shall hold harmless, indemnify and defend City, its officers, <br /> employees and agents from and against any and all claims, suits or actions <br /> of any kind brought for or on account of injuries to or death of any person <br /> or damage to any property of any kind and to whomsoever belonging <br /> which arise out of the performance or nonperformance of County's <br /> obligations under this Agreement and which result from the actively <br /> negligent or wrongful acts of County, its officers or employees. This <br /> provision requiring County to hold harmless, indemnify and defend City <br /> shall expressly not apply to claims, losses, liabilities or damages arising <br /> from actions or omissions, negligent or otherwise, of Peninsula Humane <br /> Society, or any other independent contractor, or its officers, employees or <br /> agents, under its contract with the County. <br /> In the event of concurrent negligence of the County, its officers or <br /> employees, and the City, its officers and employees, then the liability for <br /> any and all claims for injuries or damages to persons and/or property or <br /> any other loss or costs which arise out of the terms, conditions, covenants <br /> or responsibilities of this Agreement shall be reapportioned according to <br /> the California theory of comparative negligence. <br />13. Independent Contractor. City and its employees and agents are <br /> independent contractors with respect to the performance of any obligation <br /> hereunder or connected herewith, and not employees or agents of County <br /> and vice versa. <br />14. Non-Discrimination. No person shall illegally be excluded from <br /> participation in, denied the benefits of, or be subjected to discrimination <br /> under this Agreement on account of their race, color, religion, national <br /> origin, age, sex, sexual orientation, ancestry, marital status, pregnancy, <br /> childbirth or related conditions, medical condition, mental or physical <br /> disability or veteran's status. <br />15. Assi2:nabilitv. Except as otherwise expressly provided for herein, neither <br /> party shall assign any of its obligations or rights hereunder without <br /> permission of the other. <br />16. Notices. Any notices required to be given pursuant to this <br /> 9 <br /> _.- . ro <br />