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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br /> <br />against the classification of fire, extended coverage, vandalism, malicious mischief and special extended <br />perils (all risks) covering the parties' interests as they appear. <br />The purchase of any Equipment by CONTRACTOR shall be requested by CONTRACTOR in <br />writing, shall require the prior written approval of DIRECTOR, and shall fulfill the provisions of this <br />Agreement which are appropriate and directly related to CONTRACTOR's service or activity under the <br />terms of this Agreement. COUNTY may refuse reimbursement for any costs resulting from Equipment <br />purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from <br />DIRECTOR. <br />MUTUAL INDEMNIFICATION <br />30. (a) CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, <br />and hold COUNTY, the State of California, the United States Government and the Orange County <br />Workforce Investment Board, their elected and appointed officials, officers, employees, agents and those <br />special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board <br />("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, <br />including but not limited to personal injury or property damage, arising from or related to the services, <br />products or other performance provided by CONTRACTOR pursuant to this Agreement. <br />(b) COUNTY agrees to indemnify and hold CONTRACTOR, and its elected and appointed officials, <br />officers, and employees harmless from any claims, demands or liability of any kind or nature, including but <br />not limited to personal injury or property damage, arising from or related to the services, products or other <br />performance provided by COUNTY pursuant to this Agreement. <br />(c) If judgment is entered against CONTRACTOR and COUNTY by a court of competent <br />jurisdiction because of the concurrent active negligence of COUNTY/COUNTY INDEMNITEES and <br />CONTRACTOR, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by <br />the court. Neither party shall request a jury apportionment. <br />INSURANCE <br />31. (a) Prior to the provision of services under this Agreement, the CONTRACTOR agrees to <br />purchase all required insurance at CONTRACTOR's expense and to deposit with DIRECTOR Certificates <br />of Insurance, including all endorsements required herein, necessary to satisfy COUNTY that the insurance <br /> <br />WIA COST REIMBURSEMENT CONTRACT - REV. 6-2-06 <br /> <br />20 <br />