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certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
<br />Section 3700 of the California Labor Code, which require every employer to be insured against liability for
<br />workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor
<br />Code, and (b) it will comply with such provisions before commencing or continuing the performance of
<br />Project work for which it would receive grant funds.
<br />c. Liabilitv Insurance
<br />Grantee shall take out and maintain during the term of this Agreement such bodily injury liability and
<br />property damage liability insurance as shall protect Grantee and all of Its employees/officers/agents while
<br />performing work covered by this Agreement from any and all claims for damages for bodily injury,
<br />Including accidental death, as well as any and all claims for property damage which may arise from
<br />Grantee's operations under this Agreement, whether such operations be by Grantee, any subcontractor,
<br />anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance
<br />shall be combined single limit bodily injury and property damage for each occurrence and shall not be
<br />less than the amounts specked below:
<br />X Comprehensive General Liability... $1,000,000
<br />(Applies to all agreements)
<br />County and its officers, agents, employees, and servants shall be named as additional insured on any
<br />such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
<br />County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
<br />liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
<br />insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
<br />In the event of the breach of any provision of this Section, or in the event any notice is received which
<br />Indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
<br />notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
<br />breach of this Agreement and suspend any further payment pursuant to this Agreement.
<br />8. Assicinabilitvand Subcontractinci
<br />Grantee shall not assign this Agreement or any portion of it to a third party. Except as set forth in Exhibit
<br />A, Grantee shall not subcontract with a third party to perform the Project. Any such assignment or
<br />subcontract without County's prior written consent shall give County the right to automatically and
<br />immediately terminate this Agreement without penalty or advance notice and the County shall have the
<br />right to a refund of all funds disbursed under this Agreement.
<br />9. Comoliance With Laws
<br />All services to be performed by Grantee in connection with the Project shall be performed in accordance
<br />with all applicable Federal, State, County, and municipal laws, ordinances, and regulations. In connection
<br />with the Project, Grantee bears responsibility to obtain, at Grantee's expense, any license, permit, or
<br />approval required from any agency.
<br />10. Mercier Clause: Amendments
<br />This Agreement, including Exhibits, constitutes the sole Agreement of the parties regarding the Grant,
<br />and correctly states the rights, duties, and obligations of each party as of this document's date. In the
<br />event that any term, condition, provision, requirement, or specification set forth in the body of this
<br />Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or
<br />specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the
<br />Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the
<br />parties concerning the Grant that are not expressly stated in this document are not binding. All
<br />subsequent modifications or amendments shall be in writing and signed by the parties.
<br />Page 3 of 6
<br />REV: 04-20-18 RL
<br />ATTY/AGR.2018.088/County of San Mateo
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