Agmt24 San Mateo County Garfield School Landscaping Contract

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this Agreement and the acts or omissions of Contractor and/or its officers, employees, agents, and servants, brought for, or on account of, any of the following: (A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; or (C) any sanctions, penalties, or claims of damages resulting from Contractor's failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended. County shall indemnify and save harmless Contractor and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description which result from this Agreement and the acts or omissions of County and/or its officers, employees, agents, and servants, brought for, or on account of, any of the following: (A) injuries to or death of any person, including County or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; or (C) any sanctions, penalties, or claims of damages resulting from County's failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended In the event of concurrent negligence (or intentional/reckless acts) of County and/or its officers, employees, agents, and servants, on the one hand, and Contractor and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault. The duty of each party to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 9. Assianabilitv and Subcontractin Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County's prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice. 10. Insurance a. General Requirements Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County's Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. All insurance required under this Section may be satisfied with self-insurance. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability Page 3 REV: 11-21-24 LF ATTY/AGR.2024.219/County of San Mateo (Garfield Field Maintenance Agreement FY24-26) (Page 3 of 12)