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consistent, and coordinated program throughout the incorporated and unincorporated areas of the <br />County of San Mateo. <br />Owners and/or operators of commercial and industrial facilities shall be charged fees, in <br />accordance with the County's Stormwater Management and Discharge Control Program Ordinance. <br />3. Relationship of Parties <br />The parties hereto are independent contractors and no agency, employment, partnership, <br />joint venture or other relationship is established by this Agreement. <br />4. Hold Harmless <br />County shall defend, save harmless and indemnify Contractor, its governing board, <br />officers and agents, against and from any and all claims for injuries or damage to persons and/or <br />property which arise out of the terms and conditions of this Agreement and which result from the <br />negligent or willful acts or omissions of County, its officers, employees or agents. <br />Contractor shall defend, save harmless, and indemnify County, its officers, employees or <br />agents against and from any and all claims for injuries or damages to persons and/or property which <br />arise out of the terns and conditions of this Agreement and which result from the negligent or <br />willful acts or omissions of Contractor, its officers, employees or agents. <br />In the event of concurrent negligence of County, its officers, employees or agents, and <br />Contractor, its officers, employees or agents, then the liability for any and all claims for injuries or <br />damages to persons and/or property which arise out of the terms and conditions of this Agreement <br />shall be apportioned under the California theory of comparative negligence as established presently, <br />or as may be hereafter modified. <br />5. Alteration of Aereement <br />This agreement contains all the terms and conditions agreed upon by the parties. No <br />alteration or variation shall be valid unless made in writing and signed by the parties hereto, and no <br />oral understanding or agreement shall be binding on the parties hereto. <br />6. Records <br />A. The County agrees to provide to Contractor and to any Federal or State department <br />having monitoring or reviewing authority, and to Contractor's authorized representatives and/or its <br />appropriate audit agencies upon reasonable notice, access to, and the right to examine and audit, all <br />records and documents necessary to determine compliance with relevant Federal, State, and local <br />statutes, rules and regulations, and the terms and conditions hereof, and to evaluate the quality, <br />appropriateness and timeliness of services performed. <br />B. The County shall maintain and preserve all records relating to this Agreement in its <br />possession those of any third party performing work related to this Agreement for a period of three <br />(3) years from the termination of this Agreement. <br />2 <br />