Agenda Package - 04-02-07 - Laserfiche WebLink

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t 10 8.2 Lawsuits Against County In the event that any lawsuit (whether frivolous or otherwise) is filed against County, its elected officials, employees and agents based on or containing any allegations concerning SHP's medical care of inmates and the performance of SHP's employees, agents, subcontractors or assignees, the parties agree that SHP, its employees, agents, subcontractors, assignees or independent contractors, as the case may be, may be joined as parties defendant in any such lawsuit and shall be responsible for their own defense and any judgments rendered against them in a court of law. Nothing herein shall prohibit any of the parties to this Agreement from joining the remaining parties hereto as defendants in lawsuits filed by third parties 8.3 Hold Harmless. SHP agrees to indemnify and hold harmless the County, its agents, servants and employees from any and all clairns, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever arising out of the operation and maintenance of the aforesaid program of health care services conducted by SHP, it being the express understanding of the parties hereto that SHP shall provide the actual health care services. The Sheriff shall promptly notify SHP of any incident, claim or lawsuit of which the Sheriff becomes aware and shall fully cooperate in the defense of • such claim, but SHP shall retain sole control of the defense while the action is pending, to the extent allowed by law. County does hereby agree to indemnify and hold harmless SHP, its agents, servants, employees and medical staff from any and all injuries, claims, actions, lawsuits, damages, judgments or liabilities of any kind arising out of the negligence of the Sheriff, the County or their employees, to the extent authorized and permitted by law. ARTICLE IX: MISCELLANEOUS. 9.1 Independent Contractor Status The parties acknowledge that SHP is an independent contractor engaged to provide medical care to inmates at the Jail under the direction of SHP management. Nothing in this Agreement is intended nor shall be construed to create an agency relationship, an employer/employee relationship, or a joint venture relationship between the parties. 9.2 Assignment and Subcontracting SHP shall not assign this Agreement to any other corporation without the express written consent of County which consent shall not be unreasonably withheld. Any such assignment or subcontract shall include the obligations contained in this Agreement. Any assignment or subcontract shall not • relieve SHP of its independent obligation to provide the services and be bound by the requirements of this Agreement.