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<br /> <br />claim alleging personae injury, sickness, and/oi disease arising out of consumption. <br />of meals ar other food caused by the storage, preparation and delivery of meals to <br />the meal site(s). <br />Caterer will not be responsible or liable for any of the above caused by the <br />negligent acts of County personnel after acceptance of meals. If a defect is found <br />in the meats or other food prepared by the Caterer, as between the County and the <br />- - - -- • ~-~ Caterer; if will be presumed that the defect ~is• the responsibility of the-Caterer <br />unless the Caterer can establish the defect anises from some act or omission of the <br />County. <br />20. The County shall promptly notify Caterer in writing of any claims against <br />Caterer, the County and in the event a lawsuit is filed, shall promptly forward to <br />Caterer all legal documents served in connection therewith. The County shall not <br />incur any expense ar make any settlement without Caterer's consent. However, if <br />Caterer. refuses or neglects to defend any such suit, the County may defend, <br />adjust, or settle any such claim, and the costs of such defense, adjustment or <br />settlement, including reasonable attorney`s fees, shall be paid by Caterer. <br />21. Caterer agrees to furnish the County with a certificate of insurance in a form <br />acceptable to the County certifying that Caterer tames workmen`s <br />Compensation, comprehensive {including products), bodily injury and property <br />damage liability insurance in such amounts as are acceptable to the County. The <br />County and Caterer hereby waive any and all rights of recovery from each other <br />for loss to personal or real properly, or ions of use thereof, howsoever occurring. <br />~~ This waiver shall include, but not be limited to losses covered by policies of fire; <br />extended coverage, boiler explosion and sprinlder leakage. <br />22. It is mutually agreed Between the parties that neither parry shall be held <br />responsible to the others foz any losses resulting from its delay ar failure to <br />perform to the extent that the said party is delayed or prevented by Federal, State, <br />or municipal action; war, revolution, riot or other disorder, strike or other labor <br />problem; fire, flood, act of God, or without limiting the foregoing, by any other <br />cause not within the control of the party whose performance is interfered with, <br />and which by the exercise of reasonable diligence, the party is unable to prevent, <br />whether of the class of causes hereiubefore enumerated or not. <br />23. Caterer covenants that it presently has no interest, direct or indirect,' which would <br />conflict in any manner or degree with the performance of servace required to be <br />performed under this Agreement. Caterer further covenants that in the <br />performance of this Agreement, no person having any such interest shall be <br />employed. <br />24. No officer, member, or employee of the County and no members of this <br />governing body or the locality or localities in which the Project is situated or <br />being carried auf who exercises any functions or responsibilities in the zeview or <br />- .. .. app.~oval.of.the undertaking or carrying out of this Agreement shall participate.in _- ...- ._- __-: . _ . <br />'any°decisian relatuzg to this Agreement which affects his personal interest oz have - <br />any personal or pecuniary interest, direct or indirect, in the Agreement or the <br />. proceeds thereof. _ <br />25_ In the.carrying out of the contract work, Caterer will not discriminate against any <br />employee or applicant for employment because of age, sex, race, creed, handicap, <br />color or national origin. Caterer will take affizznative action to ensure that <br />