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TO SUBRECIPIEN'i': NAME: Nabil Saba <br />Executive Director Public Works <br />Public Works Agency <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />VM. ASSIGNABILITY <br />None of the dutiesof, or work to be performed by, SUBRECIPIENT under this Agreement shall be <br />subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. <br />SUBRECIPIENT must. submit all subcontracts and other agreements that relate to this Agreement to CITY. <br />No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to. <br />this Agreement. <br />IX. HOLD HARMLESS <br />SUBREC•1PlENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, <br />representatives and volunteers from and against any and all damages to or for loss of use of property and for <br />injuries to or death of any person or persons, including property and employees or agents of CITY, and shall <br />defend, indemnify and save harmless CITY, its officers, employees, agents, representatives -and volunteers <br />from and against any and. all claims, demands, suits, actions or proceedings of any kind or nature, including, <br />but not by way of limbation, workers compensation claims and including attorney fees and reasonable <br />expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or <br />omissions of SUBRECIl41ENT, its officers, directors, employees, agents, subcontractors and suppliers arising <br />out of SUBRECIPIENT's performance of this Agreement. <br />X INSURANCE <br />1. Comrnercial General Liability. SUBRECIPIENT agrees to obtain and keep in force <br />during the term of this. Agreement a policy of comprehensive commercial public liability insurance <br />insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of <br />or in consequence of this Agreement. Such insurance shall be in an amount not less .than One Million <br />Dollars ($1,000,000.00) for any .injury to or death of any person or persons in any single accident or <br />occurrence. Said policy of comprehensive liability insurance shall be - endorsed to provide to CITY at <br />least thirty (30) days written notice prior to canccllaiion; name CITY, its officers, agents, empt'oyees, and <br />volunteers, additional insured; and state that such coverage is primary to any other coverage or self- <br />insurance and CITY. Governmental entities may provide proof of self-insurance. <br />(a) Such insurance shall: (1) name the City of Santa Ana, its. officers, agents, <br />representatives, employees and volunteers as additional insured's; (2) be primary with respect to <br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of <br />insured's provisions; and (4) give to CITY- prompt and timely notice of claim .made or suit .instituted <br />-arising out of SUBRECIPIENT's operations ereunder. <br />(b) SUBRECIPIENT shall: (1) prior to exercising any right wid©r this <br />Agreement, ftuni.sh properly executed` certificates of insurance and additional insured endorsement to the <br />CITY which shall clearly evidence all- coverages required above; (2) provide that such -insurance shall not - <br />be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such <br />insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring <br />prior to the expiration of this Agreement <br />11 <br />