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<br />'-" <br /> <br />"'" <br /> <br />CITY deems incompetent, unfit, intemperate, troublesome or otherwise undesirable <br />shall be excluded from providing services under this MOU and shall not again provide <br />services except with written consent of the other party. In the event that CITY requests <br />that SUPERINTENDENT exclude an employee of SUPERINTENDENTS from providing <br />services under this MOU, SUPERINTENDENT may terminate this AGREEMENT. <br /> <br />7.0 Confidentiality. <br /> <br />SUPERINTENDENT and CITY shall maintain confidentiality of their respective <br />records and information, concerning the examinees served pursuant to all <br />applicable federal and/or state laws or regulations as each may now exist or be <br />hereafter amended or enacted. <br /> <br />8.0 Hold Harmless. <br /> <br />A. CITY agrees to and does hereby indemnity, hold harmless and defend the <br />SUPERINTENDENT, the Orange County Board of Education and its officers, <br />agents and employees, from every claim or demand made and every liability, <br />loss, damage or expense, of any nature whatsoever, which may be incurred by <br />reason of liability for damages for (1) death or bodily injury to person; (2) injury <br />to, loss or theft of property; or (3) any other loss, damage or expense arising out <br />of (1) or (2) above, sustained by CITY or any person, firm or corporation <br />employed by CITY, either directly or by independent contractor, upon or in <br />connection with the services called for in this MOU, however caused, except for <br />liability for damages referred to above which result from the sole negligence or <br />willful misconduct of the SUPERINTENDENT, the Orange County Board of <br />Education, or its officers, employees or agents. <br /> <br />B. SUPERINTENDENT agrees to and does hereby indemnity, hold harmless <br />and defend CITY, its officers, agents and employees, from every claim or <br />demand made and every liability, loss, damage or expense, of any nature <br />whatsoever, which may be incurred by reason of liability for damages for (1) <br />death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any <br />other loss, damage or expense arising out of (1) or (2) above, sustained by the <br />SUPERINTENDENT or any person, firm or corporation employed by the <br />SUPERINTENDENT, either directly or by independent contract, upon or in <br />connection with the services called tor in this MOU, however caused, except for <br />liability for damages referred to above which result from the sole negligence or <br />willful misconduct of CITY, its officers, employees or agents. <br /> <br />C. Neither party hereto may assert against the other party any claim in <br />connection with this AGREEMENT unless the asserting party has given the other <br />party written notice of the claim within six (6) months after the asserting party first <br />knew or should have known of the facts giving rise to such claim. <br /> <br />Page 4 of 7 <br /> <br />File: A-34 <br />