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<br />II <br /> <br />I <br />I <br />I <br />I <br />I <br />b. All of CONTRACTOR's records pertaining to this AGREEMENT shall bel <br />available for inspection and audit by AREA AGENCY, County, State ond Federalj <br />government agencies and their authorized representatives, during normal business hours. f <br /> <br />c. CONTRACTOR shall arrange for an independent audit in accordance with I <br />requirements set forth by AREA AGENCY. Such requirements shall be provided tol <br />CONTRACTOR in writing. <br />I <br />I <br />Section 9. Responsibility for Audit Exceptions: I <br /> <br />a. Definitions: For the purpose of this AGREEMENT, "audit exception" I <br />includes, but is not limited to, a determination by AREA AGENCY, or by County, State! <br />or Federal agencies that monies provided hereunder have been improperly spent, used, <br />allocated, recorded, ledgered, or accounted for, or that CONTRACTOR has otherwise <br />not complied with terms of the Act or of this AGREEMENT. <br /> <br />b. CONTRACTOR shall fully reply to, comply with, and take requested <br />corrective action as to any audit exception determined pursuant to this AGREEMENT. <br />CONTRACTOR understands that any failure by CONTRACTOR- to futJy~.perform af! <br />terms and conditions herein, or to comply with opplicable spending, budge't, accounting, <br />bookkeeping and record keeping requirements may result in AREA AGENCY liability for <br />all affected funds. CONTRACTOR, therefore, agrees to indemnify, save harmless and <br />pay AREA AGENCY the full amount of liability resulting from any such audit exception. <br /> <br />Section 10: Mutual Hold Harmless Clause: <br /> <br />a. Mutual Indemnification. It is agreed that CITY shall defend, hold <br />harmless, and indemnify COUNTY its officers and employees, from any and all claims for <br />injuries or damage to persons and/or property, which arise out of the terms and <br />conditions of this Agreement and which result from the negligent acts or omissions of <br />CITY, its officers, and/or employees. <br /> <br />It is further agreed that COUNTY shall defend, hold harmless, and indemnify <br />CITY, its officers, and employees from any and all claims for injuries and/or damages to <br />persons and/or property which arise out of the terms and conditions of this Agreement <br />and which result from the negligent acts or omissions of COUNTY, its officers and/or <br />employees. <br /> <br />In the event of concurrent negligence of CITY, its officers and/or <br />employees, and COUNTY, its officers, and/or employees, then the liability for any and <br />all claims for injuries or damages to persons and/or pro'perty which arise out of terms and <br />conditions of this Agreement shall be apportioned according to the California theory of <br />comparative negligence. <br /> <br />Section II. Insurance: CONTRACTOR shall not commence work hereunder until <br />all insurance required under this section has been obtained and such insurance has been <br />approved by the AREA AGENCY. CONTRACTOR shall furnish AREA AGENCY with <br />Certificates of Insurance evidencing the required coverage and there shall be a specific <br />contractual liability endorsement extending CONTRACTOR's coverage to include the <br />contractual liability assumed by CONTRACTOR pursuant to this AGREEMENT. These <br />Certificates shall specifiy or be endorsed to provide that thirty (30) days' notice must be <br /> <br />-4- <br />