ORANGE, COUNTY OF (9) - 2010 - Laserfiche WebLink

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I CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active 2 negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that 3 liability will be apportioned as determined by the court. Neither party shall request a jury 4 apportionment- 5 B. COUNTY agrees to indemnify, defend and hold CONTRACTOR, its officers, employees, 6 agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including 7 defense costs, or liability of any kind or nature, including but not limited to personal injury or property 8 damage, arising from or related to the services, products or other performance provided by COUNTY 9 pursuant to this Agreement. If judgment is entered against COUNTY and CONTRACTOR by a court of 10 competent jurisdiction because of the concurrent active negligence of CONTRACTOR, COUNTY and 11 CONTRACTOR agree that liability will be apportioned as determined by the court. Neither party shall 12 request a jury apportionment. 13 C. Each party agrees to provide the indemnifying party with written notification of any claim 14 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 15 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 16 each party shall cooperate with the indemnifying party in its defense. 17 D. Without limiting CONTRACTOR's indemnification, CONTRACTOR warrants that it is self- 18 insured or shall maintain in force at all times during the term of this Agreement, the policy or policies of 19 insurance covering its operations placed with reputable insurance companies in amounts as specified on 20 Page 3 of this Agreement. Upon request by ADMINISTRATOR, CONTRACTOR shall provide 21 evidence of such insurance. 22 E. All insurance policies except Workers' Compensation and Employer's Liability, shall contain 23 the following clauses: 24 1. "The County of Orange is included as an additional insured with respect to the operations of 25 the named insured performed under contract with the County of Orange" 26 2. "It is agreed that any insurance maintained by the County of Orange shall apply in excess 27 of, and not contribute with, insurance provided by this policy." 28 3. "This insurance shall not be cancelled, limited or non-renewed until after thirty (30) 29 calendar days written notice has been given to Orange County HCA/ Contract Development and 30 Management, 405 West 5th Street, Suite 600, Santa Ana, CA 92701-4637." 31 F. Certificates of Insurance and endorsements evidencing the above coverages and clauses shall be 32 mailed to COUNTY as referenced on Page 3 of this Agreement. 33 G. COUNTY warrants that it is self-insured or maintains policies of insurance placed with 34 reputable insurance companies licensed to do business in the State of California which insures the perils 35 of bodily injury, medical, professional liability, and property damage. Upon request by 36 CONTRACTOR, COUNTY shall provide evidence of such insurance. 37 CITY OF SANTA ANA 9 of 17 X:\CONTPACTS - 201 0-\2010-201 1 \MIHS\POD- PLAN-MASTER-10-1 1-BG. DOC SAN 13-MAPODO 1 MI KK 1 1