Agmt19 Co. of San Mateo Cost Sharing Road Repair

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Likewise, to the full extent permitted by law, the County shall defend, indemnify and hold harmless the City, its officers, agents and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent such claims, damages, suits or actions are due to the negligence or willful misconduct of the County or the County's failure to perform obligations required of the County under this Agreement. The duty to defend, indemnify and hold harmless includes the obligations as set forth in California Civil Code 2778. The County shall require the Contractor to (1) defend, indemnify and hold the City and the County harmless with regard to claims, damages, suits or actions arising out of the work performed by the Contractor, consistent with applicable law and in a form acceptable to the City and the County, and (2) name the City and the County, their officers, agents, and employees as additional insureds on all insurance documents, which Contractor is required to provide for this project, and to include all work performed on behalf of the City in the bonds, warranties and guaranties to be furnished by the County's Contractor according to the specifications. The benefits arising under this Section 12 shall apply to the respective directors, officers, employees and agents of the parties thereto. 13. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by written amendment to this Agreement, the term of this Agreement shall be one (1) year, beginning on the Effective Date of this Agreement, or one (1) year, beginning on the Effective Date of the construction contract for said work, whichever occurs later. 14. This Agreement shall be binding upon the respective successors and assigns of the parties hereto. [Signature Page Follows] Page 4 of 7 REV: 05-13-19 PR ATTY/AGR.2019.123/San Mateo County