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restrictions; strikes, freight embargoes or delays in transportation; to the extent <br /> that they are not caused by the party's willful or negligent acts or omissions and <br /> to the extent that they are beyond the party's reasonable control. <br /> §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 <br /> remedies, at law or equity, in the courts of law. Said rights and remedies are <br /> cumulative of those provided for herein except that in no event shall any party <br /> recover more than once, suffer a penalty or forfeiture, or be unjustly <br /> compensated. <br /> §406. Prohibition Against Assignment or Delegation <br /> SUB-RECIPIENT may not, unless it has first obtained the written permission of <br /> the CITY: <br /> A. Assign or otherwise alienate any of its rights hereunder, including the right <br /> to 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 <br /> maintain all permits and licenses necessary for SUB-RECIPIENT performance <br /> hereunder and shall pay any fees required therefore. SUB-RECIPIENT further <br /> certifies to immediately notify the CITY of any suspension, termination, lapses, <br /> non-renewals or restrictions of licenses, certificates, or other documents. <br /> §408. Bonds <br /> SUB-RECIPIENT must purchase a performance bond for any equipment item <br /> over$250,000 or any vehicle (including aircraft or watercraft)financed with <br /> homeland security funds. SUB-RECIPIENT must provide a copy of performance <br /> bond to CITY no later than the time of reimbursement. <br /> §409. Indemnification <br /> To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, <br /> and hold harmless the City of Anaheim, 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 /> 11 <br />