|
<br />5. Indemnification Provision:
<br />
<br />(I) Indemnification by SANTA ANA: SANTA ANA hereby agrees to
<br />defend, indemnify and hold free and harmless SAUSD and SAUSD's
<br />elected and appointed officials, officers, and employees form and against
<br />any and all liability, expenses, including defense costs and legal fees,
<br />and claims for damages of any nature whatsoever, including, but not
<br />limited to, bodily injury, personal injury, death or property damage,
<br />arising from or connected with SANTA ANA's obligations under this
<br />Agreement, including any Worker's Compensation suits, liability, or
<br />expense, arising from or connected with services performed on behalf of
<br />SANTA ANA by any person pursuant to this Agreement, whether such
<br />claims, damages, liabilities, costs and/or judgments are based upon
<br />alleged negligence, a dangerous condition of public property, or any
<br />other theory of liability. SANTA ANA'S duty to indemnify SAUSD
<br />shall survive the expiration or other termination of this Agreement as to
<br />any injuries, occurrences or claims occurring or alleged to have occurred
<br />prior to its expiration or termination.
<br />
<br />(2) Indemnification by SAUSD: SAUSD hereby agrees to defend,
<br />indemnify, and hold free and harmless SANTA ANA and SANTA
<br />ANA's elected and appointed officials, officers, and employees from
<br />and against any and all liability, expense, including defense costs and
<br />legal fees, and claims for damages of any nature whatsoever, including,
<br />but nor limited to, bodily injury, personal injury, death or property
<br />damage, arising from or connected with SAUSD'S obligations under
<br />this Agreement, including any Worker's Compensation suits, liability, or
<br />expense, arising form or connected with services performed on behalf of
<br />SAUSD by any person pursuant to this Agreement, whether such claims,
<br />damages, liabilities, costs and/or judgments are based upon alleged
<br />negligence, a dangerous condition of public property, or any other
<br />theory of liability. SAUSD's duty to indemnify SANTA ANA shall
<br />survive the expiration or other termination of this Agreement as to any
<br />injuries, occurrences or claims occurring or alleged to have occurred
<br />prior to its expiration or termination.
<br />
<br />6. SANTA ANA shall have sole ownership of the Signal and sole responsibility
<br />for operation, maintenance and repair of the Signal.
<br />
<br />7. Pursuant to Section 8546.7 of the California Government Code, in the event
<br />that this Agreement involves expenditures of State funds aggregating in excess or Ten
<br />Thousand Dollard ($10,000), both parties shall be subject to the examination and audit of
<br />the Auditor General of the State of California for a period of three (3) years after finalpayment under this Agreement.
<br />
<br />- 2 -
<br />
<br />
|