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<br />~ <br /> <br />12. <br /> <br />In the event of a disagreement regarding the actual costs incurred by the City for <br /> <br />administration and construction of the County's facilities, the County's share will be based on <br /> <br />and determined by an actual field measurement of the work performed on County facilities to be <br /> <br />made jointly by representatives from the City and the County plus ten (10)% project <br /> <br />management costs. <br /> <br />13. The City shall only accept the work accomplished within the limits of the County <br /> <br />after receiving written approval from the County's representative. County disapproval of City <br /> <br />work shall only be for non-conformance with the City adopted project plans and specifications <br /> <br />for the slurry seal of portions of Canyon Road near Cordilleras Road. Said approval or <br /> <br />disapproval, if any, by the County shall be provided within 30 days of the City's request for same <br /> <br />so as not to cause the City to sustain any claims for delays from the Contractor. <br /> <br />14. To the fullest extent permitted by law, County shall indemnify, defend, and hold <br /> <br />harmless the City, its officers, agents, and employees from all claims, damages, suits or actions <br /> <br />of every name, kind, and description, arising out of or relating to the matters covered by this <br /> <br />Agreement to the extent that such claims, suits or actions are due to the negligence or willful <br /> <br />misconduct of the County or the County's failure to perform obligations required of the County <br /> <br />under this Agreement. <br /> <br />Likewise, to the fullest extent permitted by law, the City shall indemnify, defend, and hold <br /> <br />harmless the County, its officers, agents, and employees from all claims, damages, suits or <br /> <br />actions of every name, kind, and description, arising out of or relating to the matters covered by <br /> <br />this Agreement to the extent that such claims, suits or actions are due to the negligence or <br /> <br />willful misconduct of the City or the City's failure to perform obligations required of the City <br /> <br />under this Agreement. <br /> <br />The duty to indemnify and hold harmless includes the duties to defend as set forth in <br /> <br />Section 2778 of the California Civil Code. <br /> <br />The City shall require the Contractor to name the County and the City, their officers, <br /> <br />agents, and employees as additional insureds on all insurance documents for this project and to <br />A TTY lAG R/20 1 0.082 <br />091310 <br /> <br />4 <br />