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Agmt10 County of San Mateo (2)
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Agmt10 County of San Mateo (2)
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Last modified
7/30/2010 12:01:21 PM
Creation date
7/22/2010 8:14:30 AM
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Template:
Agreement
Contractor Name
County of San Mateo
PROJECT NAME
Fair Oaks Community Center
RMP File Number
304
Date
6/9/2010
MO Ref
10-093
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<br />7. Hold Harmless <br />Contractor shall indemnify and save harmless County, its officers, agents, employees, and <br />servants from all claims, suits, or actions of every name, kind, and description, brought for, <br />or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage <br />to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, <br />penalties, or claims of damages resulting from Contractor's failure to comply with the <br />requirements set forth in the Health Insurance Portability and Accountability Act of 1996 <br />(illPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other <br />loss or cost, including but not limited to that caused by the concurrent active or passive <br />negligence of County, its officers, agents, employees, or servants, resulting from the <br />performance of any work required of Contractor or payments made pursuant to this <br />Agreement, provided that this shall not apply to injuries or damage for which County has <br />been found in a court of competent jurisdiction to be solely liable by reason of its own <br />negligence or willful misconduct. <br /> <br />The duty of Contractor to indemnify and save harmless as set forth herein, shall include the <br />duty to defend as set forth in Section 2778 of the California Civil Code. <br /> <br />8. Assi2nabilitv and Subcontractin2 <br />Contractor shall not assign this Agreement or any portion thereof to a third party or <br />subcontract with a third party to provide services required by contractor under this <br />Agreement without the prior written consent of County. Any such assignment or subcontract <br />without the County's prior written consent shall give County the righ~ to automatically and <br />immediately terminate this Agreement. <br /> <br />9. Insurance <br />The Contractor shall not commence work or be required to commence work under this <br />Agreement unless and until all insurance required under this paragraph has been obtained <br />and such insurance has been approved by Risk Management, and Contractor shall use <br />diligence to obtain such insurance and to obtain such approval The Contractor shall funiish <br />the County with certificates of insurance evidencing the required coverage, and there shall be <br />a specific contractual liability endorsement extending the Contractor's coverage to include <br />the contractual liability assumed by the Contractor pursuant to this Agreement. These <br />certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, <br />in writing, to the County of any pending change in the limits of liability or of any <br />cancellation or modification of the policy. <br /> <br />(1) Worker's Comoensation and Emolover's Liabilitv Insurance The Contractor shall <br />have in effect during the entire life of this Agreement Workers' Compensation and <br />Employer's Liability Insurance providing full statutory coverage. In signing this <br />Agreement, the Contractor certifies, as required by Section 1861 of the California <br />Labor Code, that it is aware of the provisions of Section 3700 of the California Labor <br />Code which requires every employer to be insured against liability for Worker's <br />Compensation or to undertake self-insurance in accordance with the provisions of the <br />Code, and I will comply with such provisions before commencing the performance of <br /> <br />3 <br />
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