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<br />1 State, COUNTY, and their elected and appointed officials, officers, employees, <br />2 agents and those special districts and agencies which COUNTY's Board of <br />3 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from <br />4 any claims, demands or liability of any kind or nature. including but not <br />5 limited to personal injury or property damage, arising from or related to the <br />6 servi ces. products or other performance provi ded by CONTRACTOR pursuant to <br />7 thi s Agreement. If judgment is entered agai nst CONTRACTOR and COUNTY by a <br />8 court of competent jurisdiction because of the concurrent active negligence of <br />9 COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will <br />10 be apportioned as determined by the court. Neither party shall request a jury <br />11 apportionment. <br />12 12.2 Without limiting CONTRACTOR's liability for indemnification, prior <br />13 to the provi si on of servi ces under thi s Agreement. CONTRACTOR agrees to <br />14 purchase all requi red insurance at CONTRACTOR' s expense and to deposi t with <br />15 ADMINISTRATOR Certificates of Insurance. including all endorsements required <br />16 herein, necessary to satisfy COUNTY that the insurance provisions of this <br />17 Agreement have been complied with and to keep such insurance coverage and the <br />18 certificates therefore on deposit with ADMINISTRATOR during the entire term of <br />19 this Agreement, as set forth herein. <br />20 12.3 CONTRACTOR shall ensure that all subcontractors performing work on <br />21 behalf of CONTRACTOR pursuant to this Agreement shall be covered under <br />22 CONTRACTOR's insurance as an additional insured or maintain insurance subject <br />23 to the same terms and conditions as set forth herein for CONTRACTOR. <br />24 CONTRACTOR shall not allow subcontractors to work if subcontractors have less <br />25 than the 1 eve 1 of coverage requi red by COUNTY from CONTRACTOR under thi s <br />26 Agreement. It is the obligation of CONTRACTOR to provide notice of the <br />27 insurance requirements to every subcontractor, and to receive proof of <br />28 insurance pri or to all owi ng any subcontractor to begi n work. Such proof of <br /> <br />(WSH0605) <br /> <br />17 of 37 <br /> <br />(March 7, 2005) <br />