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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 />CONTRACTOR and COUNTY by a court of competent jurisdiction because of the <br />concurrent active negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that <br />liability will be apportioned as determined by the court. Neither party shall <br />request a jury apportionment. <br />12.3 CONTRACTOR certifies it is self- insured against the perils of <br />bodily injury /property damage, automobile liability, professional liability, <br />workers' compensation, and sexual harassment. Should there be any material <br />change in the provisions of the self - insurance program, CONTRACTOR shall <br />provide thirty (30) days prior written notice to COUNTY. <br />12.4 Neither termination of this Agreement nor completion of the acts <br />to be performed under this Agreement shall release any party from its <br />obligation to indemnify as to claims or cause of action asserted. <br />12.5 Without limiting CONTRACTOR's liability for indemnification, <br />CONTRACTOR attests that it is self- insured and shall maintain in force at all <br />times during the term of this Agreement self - insurance covering its operations <br />in the amounts acceptable to COUNTY. <br />12.6 If CONTRACTOR fails to maintain proof of insurance acceptable to <br />the COUNTY for the full term of this Agreement. COUNTY may terminate this <br />Agreement. <br />12.7 Letter of self - insurance evidencing the required insurance <br />coverage shall be mailed to the County of Orange /SSA Contract Services, Attn: <br />Contract Administrator upon request. <br />13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS <br />CONTRACTOR shall report to COUNTY: <br />13.1 Any accident or incident relating to services performed under this <br />Agreement which involves injury or property damage which may result in the <br />filing of a claim or lawsuit against CONTRACTOR and /or COUNTY. Such report <br />shall be made in writing within twenty -four (24) hours of occurrence. <br />(WAM0811) 18 of 40 (December 22. 2011) <br />all- 1I <br />