Agmt00 SMCo & RWC Elementary Sc - Laserfiche WebLink

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the County or its officers and ~mployees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. 9. HOLD HARMLESS A. Each party hereto ("indemnitor") hereby agrees to defend, indemnify, and save harmless the other parties and their respective governing boards, councils, officers, boards, commission, agents and employees (collectively, "Indemnitees") against and fÌ'om any and all claims, suits, actions of every name, kind, and description, which may be brought against indemnities, or any of them, by reason of any injury or death of, any person (including corporations, partnerships, and association) or damage suffered or sustained by any such person solely arising fi-om any act or omission to act, negligent or otherwise, of indemnitees, their officers, agents, or employees under this Agreement. B. In the event of concurrent negligence of any of the Parties, its officers and/or employees, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of term and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence. 10. Child Abuse Prevention and Reoortin2 Parties agree to ensure that all known or suspected instances of child abuse or neglect are re- ported to a child protective agency as defined in Penal Code Section 11165.9. This responsibility shall include: A. A requirement that all employees, consultants, or agents performing services under this contract who are required by Penal Code Section 11166(a), to report child abuse or neglect, sign a statement that he or she knows of the reporting requirement and will comply with it. B. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not required to report.child abuse under Penal Code 11166(a), gain knowledge of, or reasonably suspect that a child has been a victim of abuse or neglect. C. At County's sole discretion, Parties agree that its employees and/or its subcontractors, assignees, and volunteers who, during the course of performing services under this agreement, have contact with children will be fingerprinted in order to determine whether they have a criminal history which would compromise the safety of children with whom contractor's employees and/or its subcontractors, assignees, or volunteers have contact. 6