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4. No separate agency or entity shall be created by this agreement. <br /> <br /> 5. The parties hereto through their respective governing boards may <br /> mutually agree to modify any of the provisions of this agreement. <br /> <br /> 6. It is agreed that Sequoia District shall defend, hold harmless, and <br /> <br /> indemnify the City, its officers, and employees, from any and all claims for injuries or <br /> damage to persons and/or property which arise out of the terms and conditions of <br /> this agreement and which result from the negligent act or omissions of Sequoia <br /> District, its officers, and/or employees. <br /> <br /> It is further agreed that the City shall defend, hold harmless, and indemnify <br />Sequoia District, its officers, and employees from any and all claims for injuries <br />and/or damages to persons and/or property which arise out of the terms and <br />conditions of this agreement and which result from the negligent acts or omissions of <br />the City, its officers, and/or employees. <br /> <br /> In the event of concurrent negligence of Sequoia District, its officers, and/or <br />employees, and the City, its officers, and/or employees, then the liability for any and <br />all claims for injuries or damages to persons and/or property which arise out of <br />terms and conditions of this agreement shall be apportioned according to the <br />California theory of comparative negligence. <br /> <br />7. Each of the parties hereto shall provide their own insurance coverage in an <br /> <br />amount sufficient to protect itself and its own employees while engaged in <br />purchasing and distribution activities. <br /> <br /> -3- <br /> <br /> <br />