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<br />1 <br />2 <br /> <br />3 <br />4 <br /> <br />5 <br />6 <br /> <br />7 <br />8 <br /> <br />9 <br />10 <br /> <br />11 <br />12 <br /> <br />13 <br />14 <br /> <br />15 <br />16 <br /> <br />17 <br />18 <br /> <br />19 <br />20 <br /> <br />21 <br />22 <br /> <br />23 <br />24 <br /> <br />25 <br />26 <br /> <br />27 <br />28 <br /> <br />12. <br /> <br />INDEMNIFICATION AND INSURANCE <br />12.1 CONTRACTOR agrees to indemnify. defend wi th counsel approved in <br /> <br />writing by COUNTY. and hold Department of Health and Human Services, the <br />State. COUNTY. and their elected and appointed officials, officers. employees, <br />agents and those special districts and agencies which COUNTY's Board of <br /> <br />Supervi sors acts as the governi ng Board ("COUNTY INDEMNITEES") harml ess from <br />any claims, demands or liability of any kind or nature. including but not <br /> <br />limited to personal injury or property damage, arising from or related to the <br /> <br />servi ces, products or other performance <br /> <br />provi ded by CONTRACTOR pursuant to <br />agai nst CONTRACTOR and COUNTY by a <br /> <br />th i s Agreement. <br /> <br />If judgment is entered <br /> <br />court of competent jurisdiction because of the concurrent active negligence of <br />COUNTY or COUNTY INDEMNITEES. CONTRACTOR and COUNTY agree that liability will <br /> <br />be apportioned as determined by the court. <br />apportionment. <br /> <br />Neither party shall request a jury <br /> <br />12.2 Without limiting CONTRACTOR's liability for indemnification. prior <br />to the provi si on of servi ces under thi s Agreement, CONTRACTOR agrees to <br /> <br />purchase all requi red insurance at CONTRACTOR's expense and to depos it wi th <br />ADMINISTRATOR Certificates of Insurance. including all endorsements required <br /> <br />herei n, necessary to satisfy COUNTY that the insurance provi si ons of thi s <br />Agreement have been complied with and to keep such insurance coverage and the <br /> <br />certificates therefore on deposit with ADMINISTRATOR during the entire term of <br />this Agreement. as set forth herein. <br /> <br />12.3 CONTRACTOR shall ensure that all subcontractors performing work on <br />behalf of CONTRACTOR pursuant to this Agreement shall be covered under <br /> <br />CONTRACTOR's insurance as an additional insured or maintain insurance subject <br />to the same terms and conditions as set forth herein for CONTRACTOR. <br /> <br />CONTRACTOR shall not allow subcontractors to work if subcontractors have less <br />than the 1 eve 1 of coverage requi red by COUNTY from CONTRACTOR under thi s <br /> <br />(WSH0204) <br /> <br />17 of 37 <br />