Laserfiche WebLink
or claim arising from the willful acts or negligence of Santa Ana, its officers, <br />employees, or agents. <br />10. The DEPT. OF COMMERCE, OEE agrees and represents that all of its officers, <br />employees, agents, or other personnel that may utilize the Facility are doing so <br />within the course and scope of their duties as an employee, officer, or agent of the <br />DEPT. OF COMMERCE, OEE and are in no way employees of Santa Ana. <br />Should any officer, employee, agent or other personnel of the DEPT. OF <br />COMMERCE, OEE submit a claim for any injury or damages relating to the use <br />of the Facility, the DEPT. OF COMMERCE, OEE agrees to indemnify Santa Ana <br />from any and all such claims whether made by way of civil litigation, arbitration <br />or by the workers' compensation forum except that the DEPT. OF COMMERCE, <br />OEE shall not indemnify Santa Ana for any loss, damage, injury, or claim arising <br />from the willful acts or negligence of Santa Ana, its officers, employees or agents. <br />11. Either party may terminate this Agreement at anytime, without cause upon 30 days <br />prior written notice. <br />12. The persons executing this Agreement on behalf of the DEPT. OF COMMERCE, <br />OEE and Santa Ana warrant that (i) they are duly authorized to execute and <br />deliver this Agreement, (ii) formally bound to the provisions of this Agreement, <br />and (iii) the entering into this Agreement does not violate any provisions of any <br />other agreement to which the party is bound. <br />4 <br />