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1 property; or (3) any other loss, damage or expense arising out of (1) <br />2 or (2) above, sustained by the CITY or any person, firm or corporation <br />3 employed by the CITY, either directly or by independent contract, upon <br />4 or in connection with the services called for in this AGREEMENT, <br />5 however caused, except for liability for damages referred to above <br />6 which result from the sole negligence or willful misconduct of the <br />7 SUPERINTENDENT, the Orange County Board of Education, or its officers, <br />8 employees or agents. <br />9 B. SUPERINTENDENT agrees to and does hereby indemnify, hold <br />10 harmless and defend CITY, its officers, agents and employees from <br />11 every claim or demand made and every liability, loss, damage or <br />12 expense, of any nature whatsoever, which may be incurred by reason of: <br />13 liability for damages for: (1) death or bodily injury to person; (2) <br />14 injury to, loss or theft of property; or (3) any other loss, damage or <br />15 expense arising out of (1) or (2) above, sustained by the <br />16 SUPERINTENDENT or any person, firm or corporation employed by the <br />17 SUPERINTENDENT, either directly or by independent contract, upon or in <br />18 connection with the services called for in this AGREEMENT, however <br />19 caused, except for liability for damages referred to above which <br />20 result from the sole negligence or willful misconduct of CITY, its <br />21 officers, employees or agents. <br />22 9.0 EMERGENCIES. Any emergency situation affecting the welfare of <br />23 minors including but not limited to riot, fire, flood and natural <br />24 disaster shall be immediately communicated between the Parties. <br />25 10.0 RECORDS AND RETENTION. SUPERINTENDENT shall have access to <br />books, documents, and records of CITY pertinent to services performed <br />Page 6 <br />