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officers, agents, and emplo~,ees from all claims, damages, suits or actions of every name, kind, <br />and description, arising out of or relating to the matters covered by the agreement to the extent <br />that such claims, suits or actions are due to the negligence or willful misconduct of the City or <br />the City's failure to perform obligations required of the City under this agreement. <br /> <br /> Likewise, the County shall indemnify, defend, and hold harmless the City, <br />its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, <br />and description, arising out of or relating to the matters covered by this agreement to the extent <br />that such claims, suits or actions are due to the negligence or willful misconduct of the County or <br />the County's failure to perform obligations required of the County ~mder this agreement. <br /> <br /> The duty to indemnify and hold harmless includes the duties to defend as <br />set forth in Section 2778 of the California Civil Code. <br /> <br /> The County shall require the Contractor to name the City, its officers, <br />agents, and employees and the County as additional insures on all insurance documents for this <br />project and to include all work performed on behalf of the City in the bonds, warranties and <br />guaranties to be furnished by the Contractor. <br /> <br /> The benefits arising under this Section 9 shall include the respective <br />directors, officers, employees and agents of the parties hereto. <br /> <br /> 10. This agreement shall be binding upon the respective successors and <br />assigns of the parties hereto. <br /> <br /> -4- <br /> <br /> <br />