AgdaPkt 2021.02.22 Joint SA PFA - Laserfiche WebLink

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6.1. - Page 17 of 20 out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of County, its officers, agents and/or employees. It is further agreed that City shall defend, hold harmless and indemnify County, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to property which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of City, its officers, agents and/or employees. In the event of the concurrent negligence of County, its officers, agents and/or employees, and City, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of the terms and conditions of this Agreement shall be apportioned under "California's Theory of Comparative Negligence" as presently established, or as may be hereafter modified. 15. Workers Compensation and Employer's Liability Insurance During the entire term of this Agreement, County and City shall have in effect Workers' Compensation and Employer's Liability Insurance providing full statutory coverage for all its employees. In executing this Agreement, County and City make the following certification: We are aware of the provisions of Section 3700 of the California Labor Code which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. We will comply with such provisions. 16. Recordation Neither County nor City shall record this Agreement, except that if either party requests the other party to do so, the parties shall execute a short form memorandum hereof in recordable form. 17. Consent of the Parties Whenever the consent, approval or permission of either party is required, that party shall not unreasonably delay or withhold such consent, approval or permission. 18. Termination for Default Either party shall have the right to terminate this Agreement by written notice to the other party for any material default or material breach of any term, covenant or condition of this Agreement by the other party; provided, however, that the non -defaulting and non -breaching party must first deliver thirty (30) days' written notice to the other party of any such material default or material breach, and, if such material default or material breach exists for more than thirty (30) days after the receipt of such notice, the non -defaulting and non -breaching party may elect to terminate this Agreement. The non -defaulting and non -breaching party must act in good faith in declaring that a material default or material breach has occurred. 19. Termination Except as may otherwise be provided in this Agreement, this Agreement may not be terminated except by mutual written agreement of County's Board of Supervisors and City's City Council. 20. Notices Any notice, demand, request, consent, approval, waiver, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or ATTY/AGR/2021/AMENDMENTS/AMEND NO.1/2500-2600 MIDDLEFIELD CITY -COUNTY FIRST AMENDED & RESTATED AGR REV: 02-17-2021 VR Page 5 of 7 415