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INSURANCE NOT REQUIRED N-2023-243
<br />WORK MAY PROCEED
<br />CITY CLERK 1
<br />DATE: *macVs
<br />O�PO 0 WAIVER AND RELEASE OF LIABILITY FOR PERSONAL INJURY AND
<br />LC-WeW#1)* PROPERTY DAMAGE (CALIFORNIA)
<br />City of Santa Ana, a charter city and municipal corporation organized and existing under
<br />the Constitution and laws of the State of California, ("Agency"), in consideration for the use of
<br />a
<br />the property, facilities and or services of Macy's store number 527, 2850 N. Main Street, Santa
<br />Ana, Ca. 92705 ("Mainplace"), on October 12, 2023 (the "Term"), agrees as follows:
<br />co
<br />(1) Agency shall undertake certain Agency related training activities (the "Permitted Use') at
<br />Property during the Term.
<br />(2) Agency understands and acknowledges that the activity and Permitted Use involves risks
<br />such as but not limited to the following: (a) risk of bodily injury to its agents or third parties,
<br />(b) property damage to the Property, and/or (c) death to its agents or third parties.
<br />Agency assumes any and all risk involved in or arising from the activity, including without
<br />limitation (i) the risk of bodily injury to its agents or third parties, (ii) property damage to
<br />the Property and/or property damage caused by Agency agents and/or (III) death to its
<br />agents or third parties.
<br />(3) Agency shall comply with all federal, state and/or local laws, regulations, rules and
<br />ordinances as may be applicable to its activities and during the Term of the Permitted
<br />Use, including, without limitation, that Agency obtain any license or permit required for its
<br />activities and for the Permitted Use ("Applicable Law") and Agency shall indemnify,
<br />defend and hold harmless Property and Macy's West Stores, Inc. against all claims,
<br />damages, liabilities and other costs and expenses (including reasonable attorney fees)
<br />penalties as may be incurred or threatened by reason of noncompliance by Agency, its
<br />employees, agents or other representatives with any Applicable Law.
<br />(4) During the Term of this agreement, Agency, at its sole cost and expense, shall maintain
<br />commercial general liability insurance, with a combined single limit of not less than one
<br />million dollars ($1,000,000.00) per occurrence with two million dollars ($2,000,000.00)
<br />aggregate coverage, in customary form, including broad form general liability, automobile
<br />liability, and workers' compensation coverage. All policies of insurance that Agency must
<br />furnish pursuant to the terms of this agreement are to be issued in the name of Agency,
<br />will name Property and Macy's West Stores, Inc. and their respective affiliated companies
<br />as additional insureds, contain an endorsement whereby the insurer agrees that such
<br />coverage is primary and not contributory with or in excess of any coverage that any of
<br />such additional insureds may otherwise have recourse and will provide for notification to
<br />Property at least ten (10) days before cancellation, reduction or substantial modification
<br />thereof. Agency shall deliver to Property certificates evidencing the foregoing insurance
<br />to Property's satisfaction, which Agency must furnish to Property prior to the
<br />commencement of the Permitted Use and thereafter renewal certificates by not less than
<br />ten (10) days prior to the expiration dates of policies theretofore in effect.
<br />Agency forever releases and discharges Property, Macy's West Stores, Inc. and its affiliates, and
<br />all of their officers, employees, subsidiaries, shareholders and agents from all present and future
<br />claims, actions, causes of actions, suits, and demands of any kind that may be made by Agency,
<br />its employees, officers, its assigns or any third party arising from or in connection with the
<br />Permitted Use, including those based on bodily injury or property damage, death, whether or not
<br />caused by the negligence or fault of the parties being released and as may relate to or result from
<br />Macy's AP Procedure AP-0026 Law Enforcement Simulation —Active Shooter (Effective 6/2112022) Page 1 of 2
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