SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (3)

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protects the confidentiality of the Students' protected health information, as applicable. C. Collecting completed applications, consent forms, or similar paperwork from Students in advance of the date(s) on which the Services are to be delivered, and delivering the completed paperwork to Provider as far in advance of the service delivery date(s) as reasonably possible. District or school personnel will deliver paperwork to Provider in a manner that protects the confidentiality of this information. d. Allotting usable space in the District school or facility on the service delivery date(s) that is sufficient for Provider to furnish the Services in an appropriately private and secure setting. e. Assisting as needed in the transport of Students seeking Provider's Services to and from their classroom and the delivery location. f. Cooperating with Provider's management and staff to accomplish the objectives of this MOU. 6. Discretion. The District reserves the right to refuse entry to its schools or facilities by any agent of the Provider who, in the sole discretion of the District, poses any risk to Students, staff, or property of the District. 7. Payment. The Services are to be delivered to Students in SAUSD at no charge to the District other than incidental administrative costs associated with the District's obligations under this MOU. The District will riot pay Provider for its Services 8. Insurance. Provider will secure and maintain a Commercial General Liability Policy (including coverage for contractual liability) with limits of not less than $1,000,000 per occurrence or claim. Provider will secure and maintain Malpractice Errors and Omissions Policy with limits of $1,000,000 per claim and $3,000,000 aggregate, or provide proof of self - insurance. Provider will secure and maintain Business Automobile Liability Insurance for automobiles owned, leased or hired by Provider with a combined single limit of not less than $1,000,000 per occurrence. Provider will deliver a copy of such insurance policies to District upon request. Provider will further provide all required worker's compensation insurance for its employees, if any. All of the insurance policies described in this paragraph will be maintained at Provider's expense. The District shall be listed as an additional named insured on all of the policies described in this paragraph. 9. Indemnification. Provider will defend, indemnify, and hold harmless the District and its agents, contractors, employees, and governing board members, from and against all claims, damages, losses, and expenses (including, but not limited to attorney's fees, costs, and fees of other professional consultants) arising out of the negligent acts or omissions of the Provider or its respective agents, contractors, or employees during or related in any way to the offer or delivery of Services under this MOU, except to the extent arising from the sole negligence or willful misconduct of the District. 005382.01007 10910282.1