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5/05 <br />IX. HOLD HARMLESS <br />SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all damages to or for loss of use of <br />property and for injuries to or death of any person or persons, including property and employees or <br />agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all claims, demands, suits, actions <br />or proceedings of any kind or nature, including, but not by way of limitation, workers compensation <br />claims and including attorney fees and reasonable expenses for litigation or settlement, resulting <br />from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its <br />officers, directors, employees, agents, subcontractors and suppliers arising out of <br />SUBRECIPIENT's performance of this Agreement. <br />X. INSURANCE <br />A. In accordance with the provisions of Section 3300 of the Labor Code, if <br />SUBRECIPIENT has any employees it is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing performance of this <br />Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with <br />limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor <br />workers' compensation coverage, it must execute a Declaration available from the CITY, and <br />update as is necessary. <br />B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a <br />policy or policies of commercial general liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. <br />Such insurance shall: (1) name the City of Santa Ana, its officers, agents, <br />representatives, employees and volunteers as additional insured's; (2) be primary with respect to <br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of <br />insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit <br />instituted arising out of SUBRECIPIENT's operations hereunder. <br />SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, <br />furnish properly executed certificates of insurance and additional insured endorsement to the <br />CITY which shall clearly evidence all coverages required above; (b) provide that such insurance <br />shall not be materially changed or terminated except on 30 days prior written notice to the CITY; <br />(c) maintain such insurance for the period covered by this Agreement; and (d) replace such <br />certificates for policies expiring prior to the expiration of this Agreement. <br />11 <br />