Agenda - 08-30-2000 - 2 - Laserfiche WebLink

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31 SECTION 20 LJKAFT Indemnity Contractor agrees to defend, indemnify, and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by the County. The County agrees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all loss, liability, claims or expense (including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the County except to the extent same are caused by the negligence or misconduct by Contractor. Special Requirements The Contractor's insurance company is to submit a certificate of insurance stating that the County of Orange is to be named as a certificate holder on the automobile and comprehensive general liability policies in lieu of being named as an additional insured. Current valid insurance policies meeting the requirements herein identified shall be maintained for the duration of the named project. There also shall be a 30 day notification to the County in event of cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or copies certified by an individual authorized by the insurance company meeting the required insurance provisions shall be forwarded to the County. It shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements as the general contractor. If the contractor does not meet the insurance requirements, alternate insurance coverage satisfactory to the County may be considered. SECTION 21 Termination (a) In the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the County shall notify Contractor in writing of the nature of such default. Within 15 days following such notice: 1. Contractor shall correct the default; or 2. In the event of a default not capable of being corrected within 15 days, Contractor shall commence correcting the default within 15 days of the County's notification thereof; and thereafter correct the default with due diligence. (b) If Contractor fails to correct the default as provided above, the County, without fiuther notice, shall have all of the following rights and remedies, which the County may exercise: 1. The right to declare that this Agreement, together with all rights granted Contractor hereunder, is terminated effective upon such date as County shall designate; 2. The right to license others to perform the services otherwise to be performed by Contractor, or to perform such services itself, and 3. In the event of a default not capable of being corrected because of damage to the Processing Center, due to force majeure, the County may provide Contractor with a suitable temporary location for conducting processing services.