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Parties") from and against any and all liability, Joss, expense, attorneys' fees, or claims for injury <br />or damages arising out ofthe performance of this Agreement except for such liabilities resulting <br />from the sole and exclusive active negligence or willful misconduct of the Indemnified Parties. <br />(B) Per Section D.23 ofExhibit D ofthe Grant Agreement, to the extent Sub -Grantee relies on <br />insurance coverage for, or requires its contractors or consultants to carry insurance for, the Work, <br />Sub -Grantee will require that SAWPA and the State be named as additional insureds on the <br />applicable liability policies for activities funded in whole or in part per this Contract. <br />SECTION 26. OPINIONS AND DETERMINATIONS_ <br />Where the terms ofthis contract provide for action to be based upon the opinion, judgment, approval, review, <br />or determination of either party hereto, such terms are not intended to be and shall never be construed as <br />permitting such opinion, judgment, approval, review, or determination to be arbitrary and capricious. <br />lt'J WITNESS THEREOF. the parties have executed this Contract on the later date set forth below. <br />Dated: By: <br />Dated: :CJ B <br />APPROVED AS TO FORM <br />Sonia R. Carvalho <br />City Attorney <br />-f.L <br />n M.Funk <br />Assistant City Attorney <br />SANTA ANA JVHED PROJECT <br />AUTJ!; <br />Richard E. Haller, P.E., General Manager <br />CITY OF SANTA ANA <br />ATTEST <br />Daisy Gomez <br />Clerk of Council <br />Santa Ana Watershed Project Authority Page 8 of 8 <br />