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4. SANTA ANA agrees to reimburse GARDEN GROVE, SANTA ANA's proportionate <br />share of the environmental and technical studies cost, based on the proportion of actual costs <br />within the City of Santa Ana limits. <br />With respect to the environmental and technical studies, Santa Ana's participation <br />is estimated to cost $28,000 based on a proposal submitted by the consultant, Kimley Horn & <br />Associates. <br />5. Progress billings may be submitted to SANTA ANA. GARDEN GROVE shall <br />present certification and invoices for SANTA ANA's share of costs to SANTA ANA, and SANTA <br />ANA shall reimburse GARDEN GROVE within thirty (30) days following receipt of such invoices. <br />Such invoices shall be based on the actual cost of work performed for environmental and <br />technical studies. <br />6. At all times during the PROJECT, SANTA ANA shall notify GARDEN GROVE <br />concerning remedial measures in carrying out the environmental studies. <br />7. It is understood that GARDEN GROVE has the right to make changes with the <br />consultant on the work for which it is acting as agent for SANTA ANA; provided, however, first <br />having approval of SANTA ANA. <br />8. Upon completion of the PROJECT, GARDEN GROVE agrees to retain or cause to <br />be retained all records and accounts relating to the PROJECT for a period of seven years from <br />the date of acceptance for auditing purposes. <br />9. Indemnification and Hold Harmless: <br />a.. Neither GARDEN GROVE nor any officer or employee thereof shall be <br />responsible for any damage or liability occurring by reason of anything done <br />or omitted to be done by SANTA ANA under or in connection with any work <br />authority or jurisdiction delegated to SANTA ANA under this Agreement. It <br />is also understood and agreed, pursuant to Government Code Section <br />895.4, that SANTA ANA shall fully indemnify and hold GARDEN GROVE <br />harmless from any liability imposed for injury (as defined by Government <br />Code Section 810.8) occurring by reason of anything done or omitted to be <br />done by SANTA ANA under or in connection with any work, authority or <br />jurisdiction delegated to SANTA ANA by this Agreement. <br />b. Neither SANTA ANA nor any officer or employee thereof shall be <br />responsible for any damage or liability occurring by reason of anything done <br />or omitted to be done by GARDEN GROVE under or in connection with any <br />work, authority or jurisdiction delegated to GARDEN GROVE under this <br />Agreement. It is also understood and agreed that pursuant to Government <br />Code Section 895.4 GARDEN GROVE shall fully indemnify and hold SANTA <br />ANA harmless from any liability imposed for injury (as defined by <br />Government Code Section 810.8) occurring by reason of anything done or <br />omitted to be done by GARDEN GROVE under or in connection with any <br />work, authority or jurisdiction delegated to GARDEN GROVE under this <br />Agreement. <br />-2- <br />