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7.3.A. - Page 8 Attachment A <br /> whomsoever belonging which arise out of the performance or nonperformance of County's <br /> covenants and obligations under this Agreement and which result from the actively negligent or <br /> wrongful acts of County or its officers, employees, or agents. <br /> This provision requiring County to hold harmless, indemnify, and defend each City shall <br /> expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, <br /> negligent or otherwise, of PHS or any other independent contractor providing animal control- <br /> related services pursuant to a contract with the County. Claims related to the planning and/or <br /> construction of the new Animal Care Shelter facility are not claims, losses, liabilities, or <br /> damages related to "animal control-related services"within the meaning of this Agreement. <br /> In the event of concurrent negligence of the County, its officers, or employees, and any City, its <br /> officers and employees, then the liability for any and all claims for injuries or damages to <br /> persons and/or property or any other loss or cost which arises out of the terms, conditions, <br /> covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation <br /> according to the California theory of comparative negligence. <br /> 7. Assignability: Except as otherwise expressly provided for herein, no Party shall assign any of <br /> its obligations or rights hereunder without the consent of all other Parties. <br /> 8. Notices: Any notices required to be given pursuant to this Agreement shall be given in <br /> writing and shall be mailed to all Parties to the Agreement, as follows: <br /> To City: <br /> To County: <br /> [Signature Page Follows] <br /> ATTY/AGR/2014.038/ANIMAL CONTROL MOA <br /> REV: 03-17-14 PT <br /> Page 4 of 8 <br />