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their duties as an employee, officer, or agent of the City of Santa Ana and are in no <br />way employees of Costa Mesa. Should any officer, employee, agent or other <br />personnel of the City of Santa Ana submit a claim for any injury or damages <br />relating to the use of the Facility, Santa Ana agrees to indemnify Costa Mesa to the <br />extent allowed by applicable law, except that the City of Santa Ana shall not <br />indemnify Costa Mesa for any loss, damage, injury, or claim arising from the <br />willful acts or negligence of Costa Mesa, its officers, employees or agents. <br />9. Either party may terminate this Agreement at anytime, without cause upon 30 days <br />prior written notice. <br />10. Any notice, demand or other communication pursuant to this Agreement shall be in <br />writing and shall be deemed properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by telefacsimile in the manner <br />provided in this Section, to the following persons: <br />To: Santa Ana Fire Department <br />Training Section <br />1439 S. Broadway <br />Santa Ana, California 92707 <br />Telefacsimile (714) 647-5779 <br />City of Costa Mesa <br />77 Fair Drive, 51' Floor <br />Fire Administration <br />Attn: Curt Yoder <br />Costa Mesa, California 92626 <br />Telefacsimile (714) <br />If sent by mail, any notice shall be effective three (3) days after it has been <br />deposited in the United States mail with postage prepaid. If sent by telefacsimile, <br />notice shall be effective twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />11. The persons executing this Agreement on behalf of Costa Mesa and Santa Ana <br />warrant that (i) they are duly authorized to execute and deliver this Agreement, (ii) <br />formally bound to the provisions of this Agreement, and (iii) the entering into this <br />Agreement does not violate any provisions of any other agreement to which the <br />party is bound. <br />2 <br />