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other person, caused by any use of the Facility, or by any defect in any building, structure or any <br /> other improvement at the Facility or arising from any accident on the premises. UCIPD waives, <br /> all claims and demands against Santa Ana for any such loss, damage, or injury. UCIPD hereby <br /> agrees to defend and indemnify, save and hold Santa Ana free and harmless from any liability for <br /> any loss, damage or injury to UCIPD officers, employees, and agents, other persons or property, <br /> and from all costs, expenses and other charges arising from UCIPD use of the Facility in <br /> connection with this Agreement, except UCIPD shall not be required to indemnify for any loss, <br /> damage, injury or claim arising from the willful acts or negligence of Santa Ma, its officers, <br /> employees, or agents. <br /> 10. UCIPD agrees and represents that all of its officers, employees, agents, or other <br /> personnel that may utilize the Facility are doing so within the course and scope of their duties as <br /> an employee, officer, or agent of UCIPD and are in no way employees of Santa Ana. Should any <br /> officer, employee, agent or other personnel of UCIPD submit a claim for any injury or damages <br /> relating to the use of the Facility, UCIPD agrees to indemnify Santa Ana from any and all such <br /> claims whether made by way of civil litigation, arbitration or by the workers' compensation <br /> forum except that UCIPD shall not indemnify Santa Ma for any loss, damage, injury, or claim <br /> arising from the willful acts or negligence of Santa Ma, its officers, employees or agents. <br /> 11. Either party may terminate this Agreement at anytime, without cause upon 30 days <br /> prior written notice. <br /> 12. The persons executing this Agreement on behalf of UCIPD and Santa Ana warrant <br /> that (i) they are duly authorized to execute and deliver this Agreement, (ii) formally bound to the <br /> provisions of this Agreement, and (iii) the entering into this Agreement does not violate any <br /> provisions of any other agreement to which the party is bound. <br /> IN WITNESS WHEREOF, the parties have executed and entered into this Agreement <br /> by their authorized representatives. <br /> CITY OF SANTA ANA <br /> DATED: J? -23-i 7 <br /> David Ream <br /> City Manager <br /> 3 <br />