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<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 meals or other food prepared by the Caterer, as between the County and the
<br /> Caterer, it will be presumed that the defect is the responsibility of the Caterer
<br /> unless the Caterer can establish the defect arises 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 or 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 carries 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 property, or loss 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 sprinkler leakage.
<br /> 22.It is mutually agreed between the parties that neither party shall be held
<br /> responsible to the others for any losses resulting from its delay or 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 hereinbefore enumerated or not.
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<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 service 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 out who exercises any functions or responsibilities in the review or
<br /> approval of the undertaking or carrying out of this Agreement shall participate in
<br /> any decision relating to this Agreement which affects his personal interest or 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 affirmative action to ensure that
<br /> applicants are employed, and that employees are treated during employment
<br /> without regard to their race, creed,handicap, color or national origin. Such action
<br /> shall include, but not be limited to the following: Employment, upgrading,
<br /> demotion or transfer; recruitment or recruitment advertising, layoff or
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