Agmt25 Ryan Monaghan MOU - Laserfiche WebLink

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REV: 07-10-25 VR Each party will bear their own attorney’s fees, if any. 9. Records and Confidentiality Records created by Director Monaghan shall be considered the County’s records, free from the control and direction of the City. 10. Hold Harmless and Indemnification 10.1 It is agreed that the County shall defend, hold harmless, and indemnify the City and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants. 10.2 It is agreed that the City shall defend, save harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this MOU and which result from the acts or omissions of the City and/or its respective officers, employees, agents and servants. 10.3 The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 10.4 In the event of concurrent negligence (or intentional/reckless acts) of the City and/or their respective officers and employees, on the one hand, and the County 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 MOU shall be apportioned according to the California theory of comparative fault. 10.5. The Parties expressly agree that this Section 10 will survive the expiration or early termination of the MOU. 11.Insurance 11.1 The County and the City each carry self-insurance or joint self-insurance and will maintain for the duration of the MOU and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of this MOU by the County, the City or their agents, representatives, employees or subcontractors. 12. Third Party Beneficiary This MOU including, but not limited to, the indemnification provisions, is for the benefit of the Parties only and does not create, nor is it intended to create, any benefit or liability ATTY/AGR.2025.170/County of San Mateo (MOU Between RWC and SMC for Ryan Monaghan) (Page 5 of 8)