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1.4.3. If City of Santa Ana does not make payment as outlined in Section 1.4.2, KaBOOM! reserves the right, without waiving any other rights and remedies, to cancel the build. 1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as outlined in Section 1.4.2, at KaBOOM!'s written request, without waiving any other rights and remedies, City of Santa Ana shall be deemed liable for damages to KaBOOM! and Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation, any equipment costs, labor and materials, and any additional expenses related to the Program, such as airfare and general supplies. 1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the project. Upon request, KaBOOM! will provide back-up documentation for City of Santa Ana within 120 days after the Build Day. 1.5. The Build Day must occur in calendar year 2005 on Thursday, April Th. 1.5.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under any circumstances other than for conditions that jeopardize the safety of the volunteers, or for unsafe weather conditions that threaten the structural integrity of the playground. 1.5.1.1. The decision to postpone a Build Day shall be reached through discussion, collaboration and majority agreement by KaBOOM!, the Community Partner and the Funding Partner, each represented by a person authorized by each party. 1.5.1.2. The sole exception to mutual decision -making and majority agreement shall be when the decision must be made immediately and solely by KaBOOM! on the construction site in absence of authorized representatives of the Community Partner and the Funding Partner being available. 1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement, and the Agreement between KaBOOM! and the Funding Partner, or their designates. 1.5.2. In the event that the Build Date is cancelled or changed solely by City of Santa Ana, City of Santa Ana shall be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and any additional expenses related to the Program, such as airfare and general supplies. 1.5.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day. 1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or parties responsible for covering the additional expenses. These expenses may include, but are not limited to, equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses. 1.5.3.2. The MOU shall identify the next -earliest possible date for the Build Day, based on the availability of open dates on the KaBOOM! program calendar, the availability of the Community Partner to participate in the project, and the availability of the Funding Partner to participate in the project. 1.6. City of Santa Ana shall attach documentation to this Agreement showing proof of land ownership evidenced by a deed granting title of the property to City of Santa Ana to the property, or a letter from the property owner showing approval for the installation of the playground. Working with the support of the property owner (if owner is a separate party), City of Santa Ana will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. City of Santa Ana shall collaborate with KaBOOM! during the planning of this Project to develop a maintenance program for the playground that will be implemented by City of Santa Ana upon completion of the playground installation. 1.8. City of Santa Ana will obtain and maintain Commercial General Liability insurance (providing coverage against liability for bodily injury, death and property damage which may rise out of or be based upon the use of the playground) and Worker's Compensation insurance policies, in amounts not less than one million dollars ($1,000,000.00)from the date of this agreement and for a minimum of one (1) year thereafter. KaBOOM! and Funding Partner shall be named as additional insureds for the Build Day upon such policy. The insurance shall be primary over any other insurance covering KaBOOM! and Funding Partner. Such policy must provide that KaBOOM! and Funding Partner be given at least thirty (30) days prior written notice of any change or cancellation of coverage. Community Partner will promptly provide as copy of the certificate Page 2 of 8