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damage to any property of any kind whatsoever and to whomsoever belonging which <br />arise out of the performance or nonperfonnance of COUNTY's covenants and <br />obligations under this AGREEMENT and which result from the actively negligent or <br />wrongful acts of COUNTY or its officers, employees, or agents. This provision requiring <br />COUNTY to hold harmless, indemnify, and defend each CITY shall expressly not apply to <br />claims, losses, liabilities, or damages arising from actions or omissions, negligent or <br />otherwise, of any independent contractor providing services pursuant to a contract with the <br />COUNTY. In the event of concurrent negligence of the COUNTY, its officers, or <br />employees, and any CITY, its officers and employees, then the liability for any and all <br />claims for injuries or damages to persons and /or property or any other loss or cost which <br />arises out of the terms, conditions, covenants or responsibilities of this AGREEMENT shall <br />be apportioned in any dispute or litigation according to the California theory of <br />comparative negligence. <br />19. Appropriations. Di ring the term of this AGREEMENT, for each fiscal year, each CITY <br />shall make every effort to adopt all necessary budgets and make all necessary <br />appropriations for all payments due hereunder. The covenant contained in this Section 19 <br />shall be deemed to be, and shall be construed to be, contingent upon the continuing offer by <br />COUNTY to provide SERVICES and use of SHELTERS to each individual CITY. To the <br />extent COUNTY offers the provision of SERVICES and use of any SHELTERS to any <br />CITY, the continued responsibility of such CITY to make all payments required hereunder <br />shall be a dirty imposed by law and it shall be the duty of each and every public official of <br />each CITY to take such actions and do such things as are required by law in performance of <br />the official duty of such officials to enable the CITY to carry out and perform the covenants <br />contained in this Section 19. All PARTIES acknowledge that the constriction, <br />maintenance and availability of SHELTERS for the provision of services to all <br />PARTIES and the division of the costs of constructing and maintaining such <br />SHELTERS among the PARTIES allows for costs efficiencies and significant savings <br />to each PARTY and that each PARTY has entered into this AGREEMENT and its <br />SERVICES AGREEMENT in reliance on such shared costs and resulting savings. <br />Each PARTY, to provide assurance of such cost efficiencies to each remaining <br />PARTY, hereby expresses its commitment to fulfill its stated obligations under this <br />AGREEMENT regardless of the term of the AGREEMENT overlapping more than one <br />fiscal year and acknowledges the financial burden that any breach of the terms of this <br />AGREEMENT will have on all other PARTIES. <br />20. Assi ng ability. Except as otherwise expressly provided for herein, no PARTY shall assign <br />any of its obligations or rights hereunder without the consent of all other PARTIES. <br />13 <br />