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is the responsibility of the Caterer unless the Caterer can establish the defect arises from some act
<br />or omission of the County.
<br />
<br />20. The County shall promptly notify Caterer in writing of any claims against Caterer, the County and
<br />in the event a lawsuit is filed, shall promptly forward to Caterer all legal documents served in
<br />connection therewith. The County shall not incur any expense or make any settlement without
<br />Caterer's consent. However, if Caterer refuses or neglects to defend any such suit, the County
<br />may defend, 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 />
<br />21. Caterer agrees to furnish the County with a certificate of insurance in a form acceptable to the
<br />County certifying that Caterer carries Workmen's Compensation, comprehensive (including
<br />products), bodily injury and property damage liability insurance in such amounts as are acceptable
<br />to the County. The County and Caterer hereby waive any and all rights of recovery from each
<br />other for loss to personal or real property, or loss of use thereof, howsoever occurring. This
<br />waiver shall include, but not be limited to losses covered by policies of fire, extended coverage,
<br />boiler explosion and sprinkler leakage.
<br />
<br />22. It is mutually agreed between the parties that neither party shall be held responsible to the others
<br />for any losses resulting from its delay or failure to perform to the extent that the said party is
<br />delayed or prevented by Federal, State, or municipal action; war, revolution, riot or other disorder;
<br />strike or other labor problem; fire, flood, act of God, or without limiting the foregoing, by any
<br />other cause not within the control of the party whose performance is interfered with, and which by
<br />the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes
<br />hereinbefore enumerated or not.
<br />
<br />23. Caterer covenants that it presently has no interest, direct or indirect, which would conflict in any
<br />manner or degree with the performance of service required to be performed under this Agreement.
<br />Caterer further covenants that in the performance of this Agreement, no person having any such
<br />interest shall be employed.
<br />
<br />24. No officer, member, or employee of the County and no members of this governing body or the
<br />locality or localities in which the Project is situated or being carried out who exercises any
<br />functions or responsibilities in the review or approval of the undertaking or carrying out of this
<br />Agreement shall participate in any decision relating to this Agreement which affects his personal
<br />interest or have any personal or pecuniary interest, direct or indirect, in the Agreement or the
<br />proceeds thereof.
<br />
<br />25. In the carrying out of the contract work, Caterer will not discriminate against any employee or
<br />applicant for employment because of age, sex, race, creed, handicap, color or national origin.
<br />Caterer will take affirmative action to ensure that applicants are employed, and that employees are
<br />treated during employment without regard to their race, creed, handicap, color or national origin.
<br />Such action shall include, but not be limited to the following: Employment, upgrading, demotion
<br />or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
<br />forms of compensation and selection for training, including apprenticeship. Caterer agrees to post
<br />in conspicuous places, available to all employees and applicants for employment, notice to be
<br />DocuSign Envelope ID: 9BA2C3AD-E8A9-4A4A-9498-D9E0BBD728C4
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