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City of Santa Ana
<br />Risk Management Division, 4s` Floor
<br />20 Civic Center Plaza
<br />Santa Ana, CA 92702
<br />vii. Where the amounts or coverage provided by the certificates of insurance
<br />provides coverage greater than those listed by this Agreement, the
<br />amounts provided by the certificates of insurance shall be incorporated by
<br />reference into the Agreement.
<br />viii. CONSULTANT shall supply CITY with a fully executed additional
<br />insured endorsement.
<br />g. If CONSULTANT fails or refuses to produce or maintain the insurance required
<br />by this section or fails or refuses to furnish the CITY with required proof that
<br />insurance has been procured and is in force and paid for, the CITY shall have the
<br />right, at the CITY's election, to forthwith terminate this Agreement. Such
<br />termination shall not affect CONSULTANT's right to be paid for its time and
<br />materials expended prior to notification of termination. CONSULTANT waives
<br />the right to receive compensation and agrees to indemnify the CITY for any work
<br />performed prior to approval of insurance by the CITY.
<br />6. INDEMNIFICATION
<br />CONSULTANT agrees to defend, and shall indemnify and hold harmless the CITY, its
<br />officers, agents, employees, contractors, special counsel, and representatives from liability: (1)
<br />for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death, and claims for property damage, which may
<br />arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or
<br />other persons acting on its behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. CITY agrees to defend, and shall indemnify and hold harmless the
<br />CONSULTANT, its officers, agents, employees, contractors, special counsel, and representatives
<br />from liability: (1) for personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief arising out of claim for person injury, including death, and claims for property
<br />damage, which may arise from the negligent operations of the City, its subcontractors, agents,
<br />employees, or other persons acting on its behalf which relates to the services described in section
<br />1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />Agreement. CITY and CONSULTANT may make all reasonable decisions with respect to their
<br />representation in any legal proceeding.
<br />#15078v4
<br />25B-9
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