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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 ajury 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) Assignment. 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 Maieure. 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 />SAC Contract # 22-036 Page 5 of 7 <br />SAC-22-036 SAPID ISA Renewal w_ CJA ISA Standard Contract Template 2022.docx2 <br />