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Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the <br />nature of the risk, prior experience, insurer, coverage, or other special <br />circumstances. <br />5. Indemnification/insurance. <br />A. Each party shall indemnify and save harmless the other party, and its officers, <br />agents and employees from any and all losses, liability, damages, claims, suits, <br />actions and administrative proceedings, and demands relating to acts or <br />omissions of the indemnitor, its officers, agents or employees arising out of or <br />incidental to the performance of any of the provisions of this Agreement. <br />Neither party assumes liability for the acts or omissions of persons other than <br />each party's respective officers, agents or employees. In the event judgement <br />is entered against both parties because of joint or concurrent negligence of <br />both parties, or their officers, agents or employees, arising out of the <br />performance of this Agreement, an apportionment of liability to pay such <br />judgment shall be made by a court of competent jurisdiction and neither party <br />shall be entitled to a jury apportionment. <br />B. City shall not be responsible for damages for loss of use or incidental, special <br />or consequential damages arising out of or in connection with services provided <br />by City pursuant to this Agreement. <br />C. Each Party shall maintain adequate levels of insurance/self-insurance to <br />assure full indemnification of the other Party, and no less than the insurance as <br />required in section XX of this Agreement. <br />D. Each Party shall provide certificates of insurance naming the other Party as <br />Additional Insureds. Each Party shall cover their own respective employees <br />with Workers' Compensation insurance, along with a waiver of subrogation. <br />6. Notice. Any notice, demand, request, consent, approval, or communication either <br />Party desires or is required to give to the other Party or any other person shall be in writing <br />and either served personally or sent by pre -paid, first-class mail to the address set forth <br />below. Notice shall be deemed communicated forty-eight (48) hours from the time of <br />mailing if mailed as provided in this Section. <br />Notices to be delivered to OCFA shall be directed to: <br />Orange County Fire Authority <br />Attn: Purchasing Division Manager <br />1 Fire Authority Road <br />Irvine, CA 92602-0125 <br />Phone: (714) 573-6641 <br />Page 4 of 7 <br />