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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 />willful misconduct of the SUPERINTENDENT, the Orange County Board of <br />JEducation, or its officers, employees or agents. <br />B. SUPERINTENDENT agrees to and does hereby indemnify, hold <br />(harmless and defend DEPARTMENT, its officers, agents and employees <br />from every claim or demand made and every liability, loss, damage or <br />expense, of any nature whatsoever, which may be incurred by reason of: <br />liability for damages for: (1) death or bodily injury to person; (2) <br />injury to, loss or theft of property; or (3) any other loss, damage or <br />expense arising out of (1) or (2) above, sustained by the <br />SUPERINTENDENT or any person, firm or corporation employed by the <br />SUPERINTENDENT, either directly or by independent contract, upon or in <br />connection with the services called for in this AGREEMENT, however <br />caused, except for liability for damages referred to above which <br />result from the sole negligence or willful misconduct of DEPARTMENT, <br />its officers, employees or agents. <br />8.0 EMERGENCIES. Any emergency situation affecting the welfare of <br />minors including but not limited to riot, fire, flood and natural <br />disaster shall be immediately communicated between the Parties. <br />9.0 RECORDS AND RETENTION. SUPERINTENDENT shall have access to <br />books, documents, and records of DEPARTMENT pertinent to services <br />performed in this AGREEMENT for auditing and evaluation purposes. <br />DEPARTMENT shall have access to books, documents and records of <br />SUPERINTENDENT pertinent to services performed in this AGREEMENT for <br />purposes of audit and evaluation. Each of the parties shall maintain <br />and preserve all books, financial statements, journals, ledgers, and <br />other pertinent documents for a period of five (5) years from the <br />Page 6 <br />