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2. Accounting <br />Upon request by the City, MWDOC will provide copies of the Honeywell <br />invoices and MWDOC's payment records. <br />3. Indemnification <br />3.1 MWDOC's activities with respect to the Programs are not anticipated to <br />exceed those activities specifically referenced in this Agreement. To the <br />extent MWDOC or its staff performs any activities in connection with the <br />Programs, it agrees to indemnify and hold the City harmless from any and all <br />liability, claims, obligations, damages and suits arising out of MWDOC's <br />negligence in the performance of such activities, except to the extent such <br />liability, claims, obligations, damages or suits arise from the City's negligence. <br />3.2 The City agrees to indemnify and hold MWDOC harmless from any and all <br />liability, claims, obligations, damages and suits arising out of the City's <br />negligence in the performance of activities in furtherance of the Program, <br />except to the extent such liability, claims, obligations, damages or suits arise <br />from MWDOC's negligence. Further, the City agrees to indemnify and hold <br />MWDOC harmless from any and all liability, claims, obligations, damages and <br />suits arising from public participation in the Programs, including but not limited <br />to premises liability, property damage and personal injury claims that may <br />relate to devices purchased with the intent to apply for a rebate through the <br />Programs. <br />4. Notice <br />Any notice or communication required to be given under this Agreement shall be in <br />writing and effective when deposited, first class postage prepaid, with the United <br />States Postal Service addressed to the contracting Parties as follows: <br />If to City of Santa Ana: Santa Ana Public Works Agency <br />Water Division -Water Quality Coordinator <br />220 S. Daisy Avenue <br />Santa Ana, CA 92703 <br />Attention: Thomas Dix <br />If to MWDOC: Municipal Water District of Orange County <br />18700 Ward Street <br />P.O. Box 20895 <br />Fountain Valley, CA 92728 <br />Attention: Joseph M. Berg <br />5. Jurisdiction and Venue <br />In all matters concerning the validity, interpretation, performance, or effect of this <br />Agreement, the laws of the State of California shall govern and be applicable. The <br />Parties hereby agree and consent to the exclusive jurisdiction of the courts of the <br />AGREEMENT FOR SHARING ADMINISTRATION COSTS <br />MWDOC and City of Santa Ana <br />Page 3 of 5 <br />