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<br /> <br /> i~ <br /> <br /> I <br /> <br /> <br /> <br /> I required by this Agreement addressed in any other fashion shall be deemed not <br /> <br /> 2 given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change <br /> 3 the addresses to which notices are sent. <br /> I <br /> 4 11, NOTICE OF DELAYS <br /> 5 Except as otherwise provided under this Agreement, when either party has <br /> <br /> 6 knowledge that any actual or potential situation is delaying or threatens to <br /> 7 delay the timely performance of this Agreement, that party shall, within one <br /> <br /> 8 (1) business day, give notice thereof, including all relevant information with <br /> 9 respect thereto, to the other party. <br /> <br /> 10 12, INDEMNIFICATION AND INSURANCE <br /> 11 12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in <br /> <br /> 12 writing by COUNTY, and hold U.S. Department of Health and Human Services, the <br /> 13 State, COUNTY, and their elected and appointed officials, officers, employees, <br /> I <br /> 14 agents and those special districts and agencies which COUNTY's Board of <br /> i <br /> 15 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from <br /> 16 any claims, demands or liability of any kind or nature, including but not <br /> <br /> 17 limited to personal injury or property damage, arising from or related to the <br /> 18 services, products or other performance provided by CONTRACTOR pursuant to <br /> <br /> 19 this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a <br /> 20 court of competent jurisdiction because of the concurrent active negligence of <br /> <br /> 21 COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will <br /> 22 be apportioned as determined by the court. Neither party shall request a jury <br /> <br /> 23 apportionment. <br /> 24 12.2 COUNTY agrees to indemnify, and hold CONTRACTOR, its officers, <br /> <br /> 25 employees, and agents harmless from any claims, demands or liability of any <br /> 26 kind or nature, including but not limited to personal injury or property <br /> <br /> 27 damage, arising from or related to the services, products or other performance <br /> 28 provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against <br /> <br /> <br /> (WAM0811) 17 of 40 (December 22, 2011) <br /> <br /> 20B-19 <br /> i <br />