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In the event that third-party loss is attributed to the concurrent act(s) or <br /> omission(s) of both Parties, the ultimate financial responsibility of each Party for <br /> said loss shall be apportioned according to the Party's percentage of fault as <br /> determined by mutual agreement between the Parties or by a court of competent <br /> jurisdiction. Neither party shall request a jury apportionment. <br /> This mutual indemnification shall survive termination of this Agreement or final <br /> payment therefore. <br /> e) Counterparts. This Agreement may be executed in any number of counterparts, each <br /> of which shall be deemed an original but all of which together shall constitute one <br /> and the same agreement. Any such counterpart containing an electronic or facsimile <br /> signature shall be deemed an original. <br /> f) Independent Contractors. It is understood that this is an Agreement by and between <br /> independent contractors and is not intended to, and shall not be construed to, create <br /> the relationship of agent, servant, employee,partnership,joint venture of association, <br /> or any other relationship whatsoever other than that of independent contractor. <br /> Except as District may specify in writing. <br /> g) Assi nme. This Agreement shall not be assigned by Agency either in whole or in <br /> part. Any such purported assignment voids this Agreement. <br /> h) Force Majeure. Neither party shall be responsible for delays or failure in performance <br /> resulting from acts beyond the control of such parties. Such acts shall include, but not <br /> be limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics, <br /> fire, electrical power outages, earthquakes or other natural disasters. <br /> i) Notices. All notices required or permitted under this Agreement shall be in writing <br /> and shall be deemed delivered when delivered in person or deposited in the United <br /> States mail, postage prepaid, addressed as follows: <br /> If to District: <br /> Rancho Santiago Community College District <br /> ATTN: Vice Chancellor of Business Services <br /> 2323 North Broadway <br /> Santa Ana, California 92706 <br /> If submitting an invoice, insert: "Attn: Accounts Payable" <br /> If to Agency; <br /> Santa Ana Police Department <br /> Attn: Chief Dave Valentin <br /> 60 Civic Center Plaza <br /> Santa Ana, CA 92701 <br /> j) Time Is of the Essence. Time is of the essence for each of the provisions of this <br /> Agreement, and all the provisions of this Agreement, shall extend to and be binding <br /> City Council 19 — 7 5/3/2022 <br /> SAC Contract#22-036 Page 5 of 7 <br /> SAPD ISA Renewal w CJA ISA 2022 (Updated)(188950.5).docx2 <br />