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<br />. <br /> <br />. <br /> <br />1 12. INDEMNIFICATION AND INSURANCE <br />2 12.1 CONTRACTOR agrees to indemnify. defend with counsel approved in <br />3 wri ti ng by COUNTY. and hold Department of Hea lth and Human Servi ces. the <br />4 State. COUNTY. and their elected and appointed officials. officers. employees. <br />5 agents and those speci a 1 di stri cts and agenci es whi ch COUNTY' s Board of <br />6 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from <br />7 any claims. demands or liability of any kind or nature, including but not <br />8 limited to personal injury or property damage. arising from or related to the <br />9 servi ces, products or other performance provi ded by CONTRACTOR pursuant to <br />10 thi s Agreement. If judgment is entered agai nst CONTRACTOR and COUNTY by a <br />11 court of competent jurisdiction because of the concurrent active negligence of <br />12 COUNTY or COUNTY INDEMNITEES. CONTRACTOR and COUNTY agree that liability will <br />13 be apportioned as determined by the court. Neither party shall request a jury <br />14 apportionment. <br />15 12.2 Without limiting CONTRACTOR's liability for indemnification. prior <br />16 to the provi s i on of servi ces under thi s Agreement, CONTRACTOR agrees to <br />17 purchase all required insurance at CONTRACTOR's expense and to deposit with <br />18 ADMINISTRATOR Certificates of Insurance, including all endorsements required <br />19 herein, necessary to satisfy COUNTY that the insurance provisions of this <br />20 Agreement have been complied with and to keep such insurance coverage and the <br />21 certificates therefore on deposit with ADMINISTRATOR during the entire term of <br />22 this Agreement, as set forth herein. <br />23 12.3 CONTRACTOR shall ensure that all subcontractors performing work on <br />24 behalf of CONTRACTOR pursuant to this Agreement shall be covered under <br />25 CONTRACTOR's insurance as an additional insured or maintain insurance subject <br />26 to the same terms and conditions as set forth herein for CONTRACTOR. <br />27 CONTRACTOR shall not allow subcontractors to work if subcontractors have less <br />28 than the 1 eve 1 of coverage requi red by COUNTY from CONTRACTOR under thi s <br /> <br />(WBC0406) <br /> <br />17 of 37 <br /> <br />(4/19/2006) <br />