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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />COUNTY, and hold U.S. Department of Health and Human Services, the State, COUNTY, and <br />their elected and appointed officials, officers, employees, agents, and those special districts and <br />agencies which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY <br />INDEMNITEES") harmless from any claims, demands, or liability of any kind or nature, <br />including, but not limited to, personal injury or property damage arising from or related to the <br />services, products, or other performance provided by CONTRACTOR pursuant to this Agreement. <br />If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction <br />because of the concurrent active negligence of COUNTY or COUNTY INDEMNTTEES, <br />CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. <br />Neither party shall request a jury apportionment. <br />13. INSURANCE <br />13.1 Prior to the provision of services under this Agreement, CONTRACTOR agrees to <br />purchase all required insurance or maintain a program of self-insurance at CONTRACTOR's <br />expense, including all endorsements required herein, necessary to satisfy COUNTY that the <br />insurance provisions of this Agreement have been complied with. CONTRACTOR agrees to keep <br />such insurance coverage, Certificates of Insurance and endorsements on deposit with <br />ADMINISTRATOR during the entire term of this Agreement. In addition, all subcontractors <br />performing work on behalf of CONTRACTOR pursuant to this Agreement shall obtain insurance <br />subject to the same terms and conditions as set forth herein for CONTRACTOR. <br />13.2 CONTRACTOR shall ensure that all subcontractors performing work on behalf of <br />CONTRACTOR pursuant to this Agreement shall be covered under CONTRACTOR's insurance <br />as an Additional Insured or maintain insurance subject to the same terms and conditions as set <br />forth herein for CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if <br />subcontractors have less than the level of coverage required by COUNTY from CONTRACTOR <br />under this Agreement. It is the obligation of CONTRACTOR to provide notice of the insurance <br />requirements to every subcontractor and to receive proof of insurance prior to allowing any <br />subcontractor to begin work. Such proof of insurance must be maintained by CONTRACTOR <br />through the entirety of this Agreement for inspection by COUNTY representative(s) at any <br />WGM0319 Page 13 of 40 3-31-2020 <br />25-15 <br />