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9. Indemnification <br />Consultant shall defend, indemnify and save harmless the City of Santa Ana, <br />and its officers, agents, and employees, from any and all claims, demands, suits, <br />actions or proceedings of any kind or nature (including workers' compensation claims <br />and unemployment insurance claims) for damages to property and/or physical injury or <br />death of any person in any way resulting from or arising out of the operations and acts <br />of Consultant, its agents, employees or subcontractors, in the performance of this <br />Agreement. <br />10. Validity <br />The invalidity in whole or in part of any provision of this Agreement shall not void <br />or affect the validity of any other provision of the Agreement. <br />11. Laws Governing this Agreement <br />This Agreement shall be governed by and construed in accordance with the laws <br />of the State of California. <br />12. Exclusivity and Amendment of Agreement <br />This Agreement, along with any and all related exhibits and attachments, <br />supersedes all other agreements, either oral or written, between the parties hereto with <br />respect to the retention of Consultant by the City, and contains all the covenants <br />between the parties with respect to such employment. Each party to this Agreement <br />acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party which <br />are not embodied herein, and that no other agreement or amendment hereto shall be <br />effective unless executed in writing and signed by both the City and Consultant. <br />3 <br />