m. Contract approval
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m. Contract approval
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PAGE 5 <br /> <br />XV. EXECUTION AND COUNTERPARTS: <br />This agreement may be executed in several counterparts, each of which shall be an original, all of <br />which shall constitute but one of the same instrument. <br /> <br />XVI. AMENDMENTS: <br />The terms of this agreement shall not be waived, altered, modified, supplemented, or amended, <br />in any manner whatsoever, except by written instrument signed by the parties. <br /> <br />XVII. NOTICES: <br />All notices, certificates or other communications shall be sufficiently given when delivered or <br />mailed, postage prepaid, to the parties at their respective places of business as set forth in the <br />preamble to this agreement or at a place designated herea~er in writing by the parties. <br /> <br />XVIII. SUCCESSORS IN INTEREST: <br />The provisions of this agreement shall be binding upon and shall inure to the benefit of the <br />parties hereto, and their respective successors and assigns. <br /> <br /> ~,XIX. INSURANCE AND LEGAL DEFENSE <br /> lit is the parties= intent that they each should pay any attorney=s fees and legal defense costs <br /> k} resulting fi.om or arising out of this agreement in the same proportion that each party=s liability <br /> ffor the acts of its own officers, employees or agents bears to the parties= combined liability, if <br />N~{~ any, or pay such fees and costs equally when a claim against both parties is resolved and neither <br /> /party is found liable, to the greatest extent the fees and costs are covered by the County=s <br /> [liability coverage or self-retention fund. The parties further intend that they be represented by the <br /> ~same attorney whenever reasonably possible and ethically permitted. <br /> <br />Provider shall secure and keep in force during the term of this Agreement, from a company or <br />pool authorized to provide the coverage in this County, general liability and errors and omissions <br />coverage with minimum liability limits of $250,000 per person and at least $500,000 per <br />occurrence covering its officers, employees, and agents for any and all claims of any nature <br />which may in any manner result from or arise out of this Agreement. Provider shall furnish a <br />certificate of insurance or memorandum of coverage and any endorsements required under this <br />agreement to the undersigned County representative prior to commencement of this agreement, <br />and shall also provide at least thirty (30) days= notice before such coverage of endorsements are <br />canceled or modified. <br /> <br />Provider shall also secure from its insurance company or government self-insurance pool a <br />limited endorsement stating that the company or pool will provide a legal defense to the County, <br />its officers, employees or agents, including attorney=s fees, costs, disbursements, and other <br />expenses associated with such defense under this agreement, for any and all claims of any nature <br />brought by third parties against the County, its officers, employees or agents, including <br />attorney=s fees, costs, disbursements, and other expenses associated with such defense under this <br />agreement, for any and all claims of any nature brought by third parties against the County, its <br /> <br /> <br />
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