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§405. Breach <br />Except for excusable delays, if any party fails to perform, in whole or in part, any <br />promise, covenant, or agreement set forth herein, or should any representation <br />made by it be untrue, any aggrieved party may avail itself of all rights and remedies, <br />at law or equity, in the courts of law. Said rights and remedies are cumulative of <br />those provided for herein except that in no event shall any party recover more than <br />once, suffer a penalty or forfeiture, or be unjustly compensated. <br />§406. Prohibition Against Assignment or Delegation <br />SUB -RECIPIENT may not, unless it has first obtained the written permission of the <br />CITY: <br />A. Assign or otherwise alienate any of its rights hereunder, including the right to <br />payment; or <br />B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. <br />§407. Permits <br />SUB -RECIPIENT and its officers, agents and employees shall obtain and maintain <br />all permits and licenses necessary for SUB -RECIPIENT performance hereunder <br />and shall pay any fees required therefore. SUB -RECIPIENT further certifies to <br />immediately notify the CITY of any suspension, termination, lapses, non -renewals <br />or restrictions of licenses, certificates, or other documents. <br />SUB -RECIPIENT must purchase a performance bond for any equipment item over <br />$250,000 or any vehicle (including aircraft or watercraft) financed with homeland <br />security funds. SUB -RECIPIENT must provide a copy of performance bond to CITY <br />no later than the time of reimbursement. <br />§409. Indemnification <br />To the fullest extent of the law, SUB -RECIPIENT agrees to indemnify, defend, and <br />hold harmless the City of Santa Ana, its officers, agents, employees, <br />representatives and designated volunteers from and against any and all claims, <br />demands, defense costs, or liability of any kind or nature arising out of or resulting <br />from, or any way connected with SUB -RECIPIENT'S acts, errors or omissions in <br />the performance of SUB -RECIPIENT'S services or use of grant funds under the <br />terms of this Agreement. <br />§410. Conflict of Interest <br />A. SUB -RECIPIENT covenants that none of its directors, officers, employees, or <br />agents shall participate in selecting, or administrating any subcontract <br />supported (in whole or in part) by Federal funds where such person is a <br />13 <br />