20B - APPROPRIATION ADJUSTMENT COUNTY OF ORANGE SOCIAL SERVICES

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1 CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 2 concurrent active negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that 3 liability will be apportioned as determined by the court. Neither party shall 4 request a jury apportionment. I 5 12.3 CONTRACTOR certifies it is self-insured against the perils of 6 bodily injury/property damage, automobile liability, professional liability, 7 workers' compensation, and sexual harassment. Should there be any material 8 change in the provisions of the self-insurance program, CONTRACTOR shall 9 provide thirty (30) days prior written notice to COUNTY. 10 12.4 Neither termination of this Agreement nor completion of the acts it to be performed under this Agreement shall release any party from its 12 obligation to indemnify as to claims or cause of action asserted. 13 12.5 Without limiting CONTRACTOR's liability for indemnification, 14 CONTRACTOR attests that it is self-insured and shall maintain in force at all 15 times during the term of this Agreement self-insurance covering its operations 16 in the amounts acceptable to COUNTY. 17 12.6 If CONTRACTOR fails to maintain proof of insurance acceptable to i 18 the COUNTY for the full term of this Agreement. COUNTY may terminate this 19 Agreement. 20 12.7 Letter of self-insurance evidencing the required insurance 21 coverage shall be mailed to the County of Orange/SSA Contract Services, Attn: 22 Contract Administrator upon request. 23 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS 24 CONTRACTOR shall report to COUNTY: 25 13.1 Any accident or incident relating to services performed under this 26 Agreement which involves injury or property damage which may result in the 27 filing of a claim or lawsuit against CONTRACTOR and/or COUNTY. Such report 28 shall be made in writing within twenty-four (24) hours of occurrence. (WAM0811) 18 of 40 (December 22. 2011) 20B-20