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<br />another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by Subrecipient and the
<br />City.
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<br />Ill. INDEMNIFICATION AND INSURANCE
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<br />15. INDEMNIFICATION
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<br />Subrecipient shall indemnify, defend and save hann1ess City, its officers, employees, agents, representatives
<br />and volunteers from and against any and all damages to or for loss of use of property and for injuties to or death of any
<br />person or persons, including property and employees or agents of City, and shall defend, indemnify and save hann1ess
<br />City, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits,
<br />actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and
<br />including attorney fees and reasonable expenses for litigation or sett1emen~ resulting from or arising out of the negligent
<br />or VlTongful acts, errors or omissions of Subrecipient, its officers, directors, employees, agents, subcontractors and
<br />suppliers arising out of Subrecipient's performance of this Agreement
<br />
<br />16. INSURANCE
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<br />With respect to performance of work under this Agreement, Subrecipient shall require that its Contractor,
<br />and any subcontractors, maintain insurance as described below:
<br />
<br />(1) Workers' compensation insurance with statutory limits, and employer's liability insurance with
<br />limits of not less than $1,000,000 per accident.
<br />(2) Commercial general liability insurance, or equivalent form, with a combined single limit of not
<br />less than $1,000,000 per occurrence. Such insurance shall name Subrecipient and the City of
<br />Santa Ana as additional insured in a form substantially the same as that of Exhibit C, attached
<br />hereto and incorporated herein.
<br />
<br />Contractor shall (a) furnish properly executed certificates of insurance to Subrecipient and the City prior to
<br />commencement of work under this Agreemen~ which certificates shall clearly evidence all coverage required above
<br />and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior
<br />written notice to Subrecipient and the City; and (b) maintain such insurance from the time work first commences
<br />until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to
<br />completion of work under this Agreement.
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<br />IV. GENERAL
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<br />17. CONFLICT OF INTEREST
<br />
<br />No person who is an employee, agent, consultant, officer or elected official or appointed official of the City
<br />of Santa Ana, who exercises or has exercised any functions or responsibilities with respect to activities assisted with
<br />CDBG funds or who are in a position to participate in a decision-making process or gain inside information with
<br />regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any
<br />subcontract or agreement with respect hereto, either for themselves or those with whom they have family or business
<br />ties, during their tenure or for one year thereafter.
<br />
<br />18. UNAVOIDABLE DELAYS AND DEFAULTS
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<br />The time of completion of this Agreement shall be extended by the number of calendar days which
<br />Contractor is prevented from performing work as a result of: inclement weather, acts of Subrecipient or the City not
<br />contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire,
<br />unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the
<br />City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of
<br />calendar days for completion, unless, within five (5) days from the beginning of such delay he notifies the
<br />Subrecipient and the City in writing of the causes of the delay, which causes must be acceptable to the City.
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