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6. INDEMNIFICATION <br />Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />direct or indirect operations of the Contractor or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay <br />all costs for the defense of the City, including fees and costs for special counsel to be selected by <br />the City, regarding any action by a third party asserting personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arising by <br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. This indemnification <br />provision No. 6 shall survive any expiration or termination of this Agreement. <br />7. CONFLICT OF INTEREST <br />Contractor covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br />8. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax (714) 647-6956 <br />With copy to: Executive Director, <br />Parks, Recreation, and Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-23) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Contractor: Its Foam Time <br />Attn: Ryan Toomire, Owner <br />116 Mira Mar Ave #C <br />Long Beach, CA 90803 <br />Page 5 of 8 <br />