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<br />5. INSURANCE <br /> <br />CONTRACTOR understands the RCSD does not provide liability, malpractice, or <br />workers compensation insurance for the CONTRACTOR. The CONTRACTOR is <br />responsible for the maintenance of personal and professional insurance to provide <br />protection for any claims arising out of service under this agreement. The <br />CONTRACTOR assumes all liability for services provided under this contract. The <br />CONTRACTOR will provide proof of insurance and will identify RCSD as an additional <br />insured. <br /> <br />6. WAIVER <br /> <br />No delay or omission by either party in exercising any right under this Agreement shall <br />operate as a waiver of that or any other right or prevent a similar subsequent act from <br />constituting a violation of the Agreement. <br /> <br />7. EQUAL EMPLOYMENT OPPORTUNITY <br /> <br />In connection with the performance of this Agreement, the CONTRACTOR shall not <br />discriminate against any employee or applicant for employment because of race, religion, <br />color, sex, physical handicap, or national origin. <br /> <br />8. HOLD HARMLESS <br /> <br />CONTRACTOR agrees to indemnify and defend the District, its employees, and agents <br />from any and all claims, damages, and liability in any way occasioned by or arising out of <br />the performance of this agreement. <br /> <br />9. DISPUTE RESOLUTION <br /> <br />Should any dispute arise out of this Agreement, the Parties should meet in mediation and <br />attempt to reach a resolution with the assistance of a mutually acceptable mediator. The <br />costs of the mediator, if any, shall be shared by the CONTRACTOR and RCSD. If a <br />mediated settlement is reached, neither party shall be the prevailing party for the purposes <br />of this settlement. Neither party shall be permitted to file legal action without first <br />meeting in mediation and maintaining a good faith attempt to reach a mediated <br />resolution. <br />