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D. Neither party hereto may assert against the other party any claim in <br />connection with this AGREEMENT unless the asserting party has given the <br />other party written notice of the claim within one (1) year after the asserting <br />party first knew or should have known of the facts giving rise to such claim. <br />8. INSURANCE <br />A. ELECTRONICS INDUSTRIES shall provide worker's compensation insurance <br />as required by Colorado law. In addition, ELECTRONICS INDUSTRIES shall <br />carry comprehensive general liability insurance, including product, contractual, <br />and broad form vendor's coverage, with minimum limits of one million dollars <br />($1,000,000.00). ELECTRONICS INDUSTRIES shall furnish to CITY a <br />certificate of insurance indicating that such insurance is in effect. <br />B. Comprehensive General Liability Insurance shall contain the following clauses: <br />1) "The City of Santa Ana is added as an additional insured as respects <br />operations of the named insured performed under AGREEMENT with the <br />City of Santa Ana." <br />2) "It is agreed that any insurance maintained by the City of Santa Ana shall <br />apply in excess and not contribute with, insurance provided by this policy." <br />C. If ELECTRONICS INDUSTRIES fails or refuses to procure or maintain the <br />insurance required by this paragraph or fails or refuses to furnish the CITY with <br />required proof that insurance has been procured and is in force and paid for, <br />the CITY shall have the right, at the CITY's election, to forthwith terminate this <br />AGREEMENT. <br />9. PATENT & COPYRIGHT INDEMNIFICATION <br />CITY agrees to indemnify, defend and save ELECTRONICS INDUSTRIES <br />harmlesa, at its expense, from any suits against ELECTRONICS INDUSTRIES based <br />upon a claim that any product furnished hereunder by ELECTRONICS INDUSTRIES to <br />CITY, which was designed by CITY, infringes a patent or copyright. CITY'S <br />indemnification and defense is conditioned on the cooperation and assistance of <br />ELECTRONICS INDUSTRIES in defense of same. <br />10. EXPORTATION <br />CITY agrees that it will not in any form export, resell, strip or divert any product or <br />technical data or software furnished by ELECTRONICS INDUSTRIES to any country for <br />which the United States Government or any agency thereof at the time of export or re- <br />export requires an export license or other governmental approval without first obtaining <br />such license or approval. <br />Page 4 of 7 <br />