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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />required by this Agreement addressed in any other fashion shall be deemed not <br />given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change <br />the addresses to which notices are sent. <br />11. NOTICE OF DELAYS <br />Except as otherwise provided under this Agreement, when either party has <br />knowledge that any actual or potential situation is delaying or threatens to <br />delay the timely performance of this Agreement, that party shall, within one <br />(1) business day, give notice thereof, including all relevant information with <br />respect thereto, to the other party. <br />12. INDEMNIFICATION AND INSURANCE <br />12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in <br />writing by COUNTY, and hold U.S. Department of Health and Human Services, the <br />State, COUNTY, and their elected and appointed officials, officers, employees, <br />agents and those special districts and agencies which COUNTY's Board of <br />Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from <br />any claims, demands or liability of any kind or nature, including but not <br />limited to personal injury or property damage, arising from or related to the <br />services, products or other performance provided by CONTRACTOR pursuant to <br />this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a <br />court of competent jurisdiction because of the concurrent active negligence of <br />COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will <br />be apportioned as determined by the court. Neither party shall request a jury <br />apportionment. <br />12.2 COUNTY agrees to indemnify, and hold CONTRACTOR, its officers, <br />employees, and agents harmless from any claims, demands or liability of any <br />kind or nature, including but not limited to personal injury or property <br />damage, arising from or related to the services, products or other performance <br />provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against <br />(WAM0811) 17 of 40 (December 22, 2011) <br />all = <br />