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072309
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072309
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6/27/2017 4:46:56 PM
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Agenda
Date
7/23/2009
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All insurance coverage provided pursuant to this. Agreement shall <br />not prohibit Consultant, and Consultant's employees, agents or <br />subcontractors from waiving the right of subrogation prior to a loss. <br />Consultant hereby waives. all rights of subrogation against the <br />District. <br />k. Any deductibles or self-insured retentions must be declared to and <br />approved by the District. At the option of District, Consultant shall <br />either reduce or eliminate the deductibles or self-insured retentions <br />with respect to District, or Consultant shall procure a bond or other <br />security acceptable to the District guaranteeing payment of losses <br />and expenses. <br />1. Procurement of insurance by Consultant shall not be construed as <br />a limitation of Consultant's liability or as full performance of <br />Consultant's duties to indemnify, hold -harmless and defend under <br />Section 10 of this Agreement. <br />12. MUTUAL. COOPERATION <br />a. District shall provide Consultant with all pertinent data, documents and <br />other requested information as is reasonably available for the proper <br />performance of Consultant's services under this Agreement. <br />b. In the event any claim or action is brought against District relating to <br />Consultant's performance in connection with this Agreement, Consultant <br />shall render any reasonable assistance that District may require. <br />13. RELATIONSHIP OF THE PARTIES <br />The relationship of the parties to this • Agreement shall be that of <br />independent contractor and client, and in no event shall Consultant' be <br />considered an officer, agent, servant, or employee of the District. The <br />Consultant shall be solely responsible for any workers compensation <br />insurance, withholding taxes, unemployment -insurance, and any other <br />employer obligations associated with the described work. <br />14. CORRECTIONS <br />In addition to the above indemnification obligations, the Consultant shall <br />correct, at its expense, all errors caused by its negligence, recklessness or <br />willful misconduct identified during the District's review of Consultant's <br />work. Should Consultant fail to make such a correction in a reasonably <br />timely manner, such correction shall be made by the District and the cost <br />thereof shall be charged to Consultant. <br />VA <br />
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