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-.8 -12 <br />County, its officers, employees and agents from and against any and all <br />claims, suits or actions of every kind brought for or on account of injuries <br />to or death of any person or damage to any property of any kind <br />whatsoever and to whomsoever belonging which arise out of the <br />performance or nonperformant a of City's covenants and obligations under <br />this Agreement and which result from the actively negligent or wrongful <br />acts of City or its officers, employees, or agents. <br />County shall hold harmless, indemnify and defend City, its officers, <br />employees and agents from and against any and all claims, suits or actions <br />of any kind brought for or on account of injuries to or death of any person <br />or damage to any property of any kind and to whomsoever belonging <br />which arise out of the performance or nonperformance of County's <br />obligations under this Agreement and which result from the actively <br />negligent or wrongful acts of County, its officers or employees. This <br />provision requiring County to hold harmless, indemnify and defend City <br />shall expressly not apply to claims, losses, liabilities or damages arising <br />from actions or omissions, negligent or otherwise, of Peninsula Humane <br />Society, or any other independent contractor, or its officers, employees or <br />agents, under its contract with the County. <br />In the event of concurrent negligence of the County, its officers or <br />employees, and the City, its officers and employees, then the liability for <br />any and all claims for injuries or damages to persons and/or property or <br />any other loss or costs which arise out of the terms, conditions, covenants <br />or responsibilities of this Agreement shall be reapportioned according to <br />the California theory of comparative negligence. <br />13. Independent Contractor. City and its employees and agents are <br />independent contractors with respect to the performance of any obligation <br />hereunder or connected herewith, and not employees or agents of County <br />and vice versa. <br />14. Non - Discrimination. No person shall illegally be excluded from <br />participation in, denied the benefits of, or be subjected to discrimination <br />under this Agreement on account of their race, color, religion, national <br />origin, age, sex, sexual orientation, ancestry, marital status, pregnancy, <br />childbirth or related conditions, medical condition, mental or physical <br />disability or veteran's status. <br />15. Assienabilfty. Except as otherwise expressly provided for herein, neither <br />party shall assign any of its obligations or rights hereunder without <br />permission of the other. <br />16. Notices Any notices required to be given pursuant to this <br />0 <br />