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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 />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />performance provided by CONTRACTOR pursuant to this Agreement. If judgment is entered against <br />CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active <br />negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that <br />liability will be apportioned as determined by the court. Neither party shall request a jury <br />apportionment. <br />B. COUNTY agrees to indemnify, defend and hold CONTRACTOR, its officers, employees, <br />agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including <br />defense costs, or liability of any kind or nature, including but not limited to personal injury or property <br />damage, arising from or related to the services, products or other performance provided by COUNTY <br />pursuant to this Agreement. If judgment is entered against COUNTY and CONTRACTOR by a court of <br />competent jurisdiction because of the concurrent active negligence of CONTRACTOR, COUNTY and <br />CONTRACTOR agree that liability will be apportioned as determined by the court. Neither party shall <br />request a jury apportionment. <br />C. Each party agrees to provide the indemnifying party with written notification of any claim <br />related to services provided by either party pursuant to this Agreement within thirty (30) calendar days <br />of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, <br />each party shall cooperate with the indemnifying party in its defense. <br />D. Without limiting CONTRACTOR'S indemnification, CONTRACTOR warrants that it is self- <br />insured or shall maintain in force at all times during the term of this Agreement, the policy or policies of <br />insurance covering its operations placed with reputable insurance companies in amounts as specified on <br />Page 3 of this Agreement. Upon request by ADMINISTRATOR, CONTRACTOR shall provide <br />evidence of such insurance. <br />E. All insurance policies except Workers' Compensation and Employer's Liability, shall contain <br />the following clauses: <br />1. "The County of Orange is included as an additional insured with respect to the operations of <br />the named insured performed under contract with the County of Orange." <br />2. "It is agreed that any insurance maintained by the County of Orange shall apply in excess <br />of, and not contribute with, insurance provided by this policy." <br />3. "This insurance shall not be cancelled, limited or non-renewed until after thirty (30) <br />calendar days written notice has been given to Orange County HCA/ Contract Development and <br />Management, 405 West 5th Street, Suite 600, Santa Ana, CA 9270 1-463 7." <br />F. Certificates of Insurance and endorsements evidencing the above coverages and clauses shall be <br />mailed to COUNTY as referenced on Page 3 of this Agreement. <br />G. COUNTY warrants that it is self-insured or maintains policies of insurance placed with <br />reputable insurance companies licensed to do business in the State of California which insures the perils <br />of bodily injury, medical, professional liability, and property damage. Upon request by <br />CONTRACTOR, COUNTY shall provide evidence of such insurance. <br />CITV OF SANTA ANA 9 of 17 <br />X:\CONTRACTS - 201 O-\2010-2015 WIIHS\POD-EQUIP-MASTER-10-15-BG.?oc SAN 14-MAPOD03MIICK 1 5