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12. In the event of a disagreement regarding the actual costs incurred by the City for <br /> administration and construction of the County's facilities, the County's share will be based on <br /> and determined by an actual field measurement of the work performed on County facilities to be <br /> made jointly by representatives from the City and the County plus ten (10)% project <br /> management costs. <br /> 13. The City shall only accept the work accomplished within the limits of the County <br /> after receiving written approval from the County's representative. County disapproval of City <br /> work shall only be for non-conformance with the City adopted project plans and specifications <br /> for the slurry seal of portions of Middlefield Road and Charter Street. Said approval or <br /> disapprovat, if any, by the County shall be provided within 30 days of the City's request for same <br /> so as not to cause the City to sustain any claims for delays from the Contractor. <br /> 14. To the fullest extent permitted by law, County shall indemnify, defend, and hold <br /> harmless the City, its officers, agents, and employees from all claims, damages, suits or actions <br /> of every name, kind, and description, arising out of or relating to the matters covered by this <br /> Agreement to the extent that such claims, suits or actions are due to the negligence or willful <br /> misconduct of the County or the County's failure to perform obligations required of the County <br /> under this Agreement. <br /> Likewise, to the fullest extent permitted by law, the City shall indemnify, defend, and hold <br /> harmless the County, its officers, agents, and employees from all claims, damages, suits or <br /> actions of every name, kind, and description, arising out of or relating to the matters covered by <br /> this Agreement to the extent that such claims, suits or actions are due to the negligence or <br /> willful misconduct of the City or the City's failure to perform obligations required of the City <br /> under this Agreement. <br /> The duty to indemnify and hold harmless includes the duties to defend as set forth in <br /> Section 2778 of the California Civil Code. <br /> The City shall require the Contractor to name the County and the City, their officers, <br /> agents, and employees as additional insureds on all insurance documents for this project and to <br /> ATTY/AGR/2011.074/SM COUNTY <br /> 082311 4 <br />