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complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />9. Subcontractors: GRANTEE shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and GRANTEE
<br />shall ensure that the CITY is an additional insured on insurance required from
<br />subcontractors.
<br />10. Special Risks or Circumstances: CITY reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />11. INDEMNIFICATION
<br />GRANTEE agrees to defend, and shall indemnify and hold harmless the CITY, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the GRANTEE, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to this Agreerent; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to
<br />all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the terms of, or effects, arising from this Agreement.
<br />The GRANTEE further agrees to indemnify, hold harmless, and pay all costs for the defense of
<br />the CITY, including fees and costs for special counsel to be selected by the CITY, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property
<br />rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make
<br />all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding
<br />the foregoing, to the extent GRANTEE's services are subject to Civil Code Section 2782.8, the
<br />above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
<br />that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
<br />GRANTEE.
<br />12. GENERAL PROVISIONS
<br />a. Notices, Demands and Communications between the Parties: Formal
<br />notices, demands, and communications between the Parties shall be given
<br />by (i) personal service; (ii) reputable document delivery service, such as
<br />Federal Express, with a receipt showing date and time of delivery; or (iii)
<br />certified or first-class United States mail, postage prepaid, with a receipt
<br />showing date and time ofdelivery:
<br />TO CITY: CITY OF SANTA ANA
<br />20 Civic Center Plaza M-25
<br />Santa Ana, Ca 92701
<br />Attn: Daisy Perez
<br />
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