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• � IX. DEFINITION OF"MEDICAL ONLY"AND"INDEMNITY"CLAIM 9.01. The definition of an "indemnity Claim"shall be: a. Any alleged work-related claim for which any of the following is claimed: (1) Temporary Disability (2) Permanent Disability (3) Vocational Rehabilitation (4) Life Pension (5) Death 9.02. The definition of a "Medical Only"claim shall be: a. Any alleged work-related injury or illness for which medical treatment is sought,the claimant is not hospitalized,temporary disability does not exceed the waiting period as defined by the Workers'Compensation Laws of California, and no other Indemnity benefits are claimed. IX.GENERAL PROVISIONS 10.01. Neither party shall assign this Agreement or any part hereof without the written consent of the other party. 10.02. Each party agrees to indemnify, defend, and hold harmless the other against all actions, c�aims or demands, and against all costs, expenses and attorneys' fees, arising directly or indirectly out of an actual or alleged injury to a person or to property as an actual or alleged result of an act or omission of the party or any of its shareholders, directors, officers, employees,or agents and each party's obligation to so indemnify,defend and hold harmless the other shall survive the expiration or earlier termination of this Agreement. 10.03. All notices or other communications under this Agreement shall be sent to the parties at the addresses set forth below: Emplover: City of Redwood City 1017 Middiefield Road City of Redwood City, CA 94063 Attn: Rebecca Burnside, Human Resource Director Administrator: Athens Administrators PO Box 696 Concord,Ca.94522 Attn:lames R.Jenkins, President 10.04. In the event either party hereto shall institute formal legal action,the prevailing party shall be entitled to its reasonable attorneys'fees. 10.05 This Agreement may be amended at any time by mutual agreement of the parties, but any The City of Redwood City- Claim Service Agreement- 2012-2014 10