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REV: 04-07-2023 MI
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<br />attached to this Agreement as Exhibit A. Redwood City shall submit payment to the County within
<br />30 days of receiving an accurate County invoice for use of the Range and property. If an account
<br />is delinquent with more than one unpaid invoice, the use of the range will be suspended until
<br />delinquent accounts are paid and future contract renewals may be subject to denial.
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<br />13) In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed
<br />between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses
<br />or liabilities incurred by Party shall not be shared pro rata but, instead, County and Redwood City
<br />agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully
<br />indemnify and hold each of the other Parties, their officers, board members, employees, and agents,
<br />harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in
<br />Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful
<br />misconduct of the indemnifying party, its officers, employees or agents, under or in connection
<br />with or arising out of any work, authority or jurisdiction delegated to such party under this
<br />Agreement. No party, nor any officer, board member or agent thereof shall be responsible for any
<br />damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of
<br />the other Parties hereto, their officers, board members, employees, or agents, under or in
<br />connection with or arising out of any work authority or jurisdiction delegated to such other Parties
<br />under this Agreement.
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<br />14) Redwood City agrees to observe and comply with all applicable laws, ordinances, codes and
<br />regulations of governmental agencies, including federal, state, municipal and local governing
<br />bodies, having jurisdiction over the scope of services or any part hereof, including all applicable
<br />provisions of the Occupational Safety and Health Act of 1970 and all amendments thereto, and all
<br />applicable federal, state, municipal and local safety regulations. All actions and usage of the Range
<br />and property by Redwood City must be in accordance with these laws, ordinances, codes and
<br />regulations. To the extent permitted by federal law, Redwood City shall indemnify, defend, and
<br />hold harmless the County from any and all liability, fines, penalties, and consequences from any
<br />noncompliance or violation by Redwood City, its personnel, agents and/or assigns of any such
<br />laws, ordinances, codes, or regulations.
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<br />15) Redwood City agrees that it will comply with the Americans with Disabilities Act and Title VII of
<br />the Civil Rights Act of 1964, and that no person shall, on the grounds of race, creed, color,
<br />disability, sex, sexual orientation, national origin, age, religion, veteran’s status, political
<br />affiliation, or other non-merit factors be excluded from participation in, be denied the benefits of,
<br />or be otherwise subjected to discrimination under this Agreement.
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<br />16) Nothing in this Agreement shall be construed to permit assignment or transfer by Redwood City
<br />of any rights under this Agreement, and such assignment or transfer is expressly prohibited and
<br />void.
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<br />17) If a death, serious personal injury, or substantial property damage occurs in connection with use
<br />by Redwood City of the Range and property under this Agreement, Redwood City shall
<br />immediately notify the Commanding Officer of the Range, either in person or by telephone.
<br />ATTY/AGR.2023.073/COunty of Santa Clara (Santa Clara SO Range use 2023-2026) (Page 3 of 15)
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DocuSign Envelope ID: 811B05E8-DC85-4440-990B-536B77458B5A
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