Laserfiche WebLink
to the City, upon execution of this agreement, for the purpose of offsetting the construction cost <br />of regrading the crosswalk at Bay Road and 10`h Avenue. <br />9. To the full extent permitted by law, the City shall defend, indemnify and hold <br />harmless the County, its officers, agents and employees from all claims, damages, suits, or <br />actions of every name, kind, and description, arising out of or relating to the matters covered by <br />this Agreement to the extent that such claims, damages, suits or actions are due to the negligence <br />or willful misconduct of the City or the City's failure to perform obligations required of the City <br />under this Agreement. <br />10. Likewise, to the full extent permitted by law, the County shall defend, indemnify <br />and hold harmless the City, its officers, agents and employees from all claims, damages, suits or <br />actions of every name, kind, and description, arising out of or relating to the matters covered by <br />this Agreement to the extent such claims, damages, suits or actions are due to the negligence or <br />willful misconduct of the County or the County's failure to perform obligations required of the <br />County under this Agreement. <br />11. The duty to defend, indemnify and hold harmless includes the obligations as set <br />forth in California Civil Code 2778. The City shall require the Contractor to name the City and <br />the County, and each of their officers, agents, and employees as additional insureds on all <br />insurance documents, which Contractor is required to provide for this project, and to include all <br />work performed on behalf of the County in the bonds, warranties and guaranties to be furnished <br />by Contractor according to the specifications. The benefits arising under this Section I1 shall <br />apply to the respective directors, officers, employees and agents of the parties hereto. <br />12. All notices to be given hereunder shall be in writing and mailed postage prepaid <br />by certified or registered mail, return receipt requested, delivered by personal or courier delivery, <br />ATN/DOCS-AGR/2019.160/COUNTY OF SAN MATEO — NSEP AGREEMENT <br />REV: 06-12-19 PR <br />Page 4 of 7 <br />