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The City of Santa Ana Parks, Recreation and Community Services Agency Letter of Agreement 6 January 11, 2008 3.4. In the event of a conflict between the Funding Partner and other sponsors and donors, the Funding Partner, Community Partner and KaBOOM! shall consider recognition on a case-by-case basis. 4. OWNERSHIP AND LIABILITY 4.1. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or its Funding Partner(s). 4.2. It is agreed that The City of Santa Ana Parks, Recreation and Community Services Agency will indemnify and hold harmless KaBOOM! and/or the Funding Partner and their respective officers, directors, employees, or agents from any and all claims, costs, expenses (including attorney's fees and disbursements) or actions associated with this playground project from any claim or action, including but not limited to claims and actions for personal injury, death, or property damages resulting from the use of any playground property and equipment, except to the extent resulting from any willful misconduct of KaBOOM! and/or the KaBOOM! Funding Partner. 4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the scheduled build Day. The manufacturers representative/installer will certify that the playground was installed to manufacturer's specifications at the end of the Build Day. 4.3.1. Notwithstanding the foregoing, The City of Santa Ana Parks, Recreation and Community Services Agency shall be solely responsible for the playground and its equipment upon certification of the playground. 4.3.2. The City of Santa Ana Parks, Recreation and Community Services Agency shall be responsible for securing safety measures of the playground to prevent injury, death, or property damages in the unlikely event that the playground is not completely constructed, and all equipment fully installed, at the conclusion of the Build Day and once KaBOOM! and/or the CPSlleave the playground site. 4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all equipment fully installed at the conclusion of the Build Day, The City of Santa Ana Parks, Recreation and Community Services Agency shall be responsible for completing the installation of the playground in accordance with the specified guidelines with the assistance of the CPSI and/or the manufacturers representatives, facilitated by KaBOOML The City of Santa Ana Parks, Recreation and Community Services Agency shall be solely responsible for any injuries, death, or property damage that arises out of The City of Santa Ana Parks, Recreation and Community Services Agency's completion of such installation. 4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility ofThe City of Santa Ana Parks, Recreation and Community Services Agency. Upon request, the playground-equipment and safety-surfacing manufacturers will provide guidance and materials, toward a maintenance plan for the playground. 4.4.1. The Community Partner will receive from Playworld Systems Inc., the provider of its playground equipment, or via its KaBOOM! project manager, a play equipment maintenance ktt from Playworld Systems Inc. 5. WARRANTY 5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with its warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing will be provided by the manufacturer(s) to the mmunity Partner. While playground equipment and/or material manufacturers may provide a