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0 0 <br />BOOK 20 PAGE 97y <br />The COUNTY retains the right to thoroughly investigate any current or prospective <br />employees assigned to the FACILITY, subject to applicable Federal, state and local laws and regulations, <br />including bit not limited to, the Federal Polygraph Protection Act, as amended. If ARAMARK incurs <br />any costs, it eluding legal fees, retroactive wages and damages, as a result of any personnel action taken <br />by the COUNTY or the CENTER or by ARAMARK at the direction of the COUNTY, which <br />ARAMARK would not have taken but for the COUNTY's or CENTER's direction, the COUNTY or <br />CENTER as the case may be shall reimburse ARAMARK for such costs. <br />G. EQUAL EMPLOYMENT OPPORTUNITY: ARAMARK and the COUNTY <br />mutually agree that they shall not discriminate against any employee or applicant for employment or on <br />any matter tirectly or indirectly related to employment, because of race, color, religion, sex, sexual <br />preference, national origin, physical or mental handicap where not relevant to the job, height, weight, <br />age, marital status, or other criteria made illegal by state or federal law or the COUNTY policy. In <br />addition, AFAMARK agrees to take affirmative steps to ensure that applicants are employed, and that <br />employees ai a treated, during employment, without regard to the criteria listed above. <br />H. HEALTH EXAMINATIONS: ARAMARK shall cause its employees assigned to duty <br />at the FACII TTY to submit to periodic health examinations as required by law, and to submit satisfactory <br />evidence of compliance with all health regulations to the COUNTY upon written request. <br />1. INSURANCE AND INDEMNIFICATION: ARAMARK shall furnish certificates of <br />insurance as follows: <br />Worker's Compensation insurance as required by law. <br />Comprehensive General (Public) Liability to include (but not be limited to) the <br />following: Pi emises/operation; independent contractors; personal injury; products/completed operation; <br />contractual liability with a combined single limit for bodily injury and property damage of $1,000,000.00 <br />per occurren;e. ARAMARK may satisfy these requirements through a combination of primary and <br />excess coverage. <br />The COUNTY and the CENTER and ARAMARK waive any and all right of recovery <br />from one another for property damage or loss of use thereof, howsoever occurring. This waiver shall <br />include, but r of be limited to, losses covered by policies of fire, extended coverage, boiler explosion and <br />sprinkler leak ige. This waiver shall not apply to claims for personal injury or death. <br />ARAMARK agrees to defend, indemnify and hold harmless the COUNTY, its officers, <br />employees, agents and servants for claims for death, bodily injury and damage to tangible property <br />caused by thr sole negligence or a wrongful act of ARAMARK in the performance of this Agreement, <br />and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees related thereto. <br />However, it is expressly understood that ARAMARK shall not be responsible for damages caused by <br />inmates or by participants of the CENTER. Neither any of the COUNTY's officers, employees, agents, <br />servants or contractors, CENTER employees, volunteers, or participants nor any inmates, are or will be <br />deemed to be agents or employees of ARAMARK and no liability is or will be incurred by ARAMARK <br />to such perso is, except for bodily injury to such persons caused by ARAMARK's sole negligence. The <br />COUNTY and CENTER each agree to defend, indemnify and hold ARAMARK harmless from any <br />liability clain, by or through such persons against ARAMARK. Each party shall promptly notify the <br />Page 3 of 10 <br />