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opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. <br />Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged <br />breach, or the appropriate remedy for each and every material breach of this Agreement shall be <br />resolved by mediation followed/by arbitration by a mediator/arbitrator agreeable to both parties. <br />Arbitration of disputes as to material breach of this Agreement shall be final and binding as the <br />exchisive remedy for enforcement of the rights and responsibilities of all parties subject to this <br />Agreement. <br />IV. INDEMNIFICATION <br />Each party agrees to indemnify and hold harmless the other party, its officers, agents, <br />and employees from all liability, claims, losses and demands, including defense costs, <br />whether resulting from court action or otherwise, arising out of the acts or omissions of the <br />indemnifying party, its officers, agents or employees except where such liability, claims, <br />losses, and demands arise solely from the willful acts or omissions of the non-indemnifying <br />party. <br />V. INSURANCE <br />Both the City and the District shall maintain, for the period covered by this Agreement, <br />at their own respective costs, their own respective policy or policies of general liability <br />insurance and property insurance. Each party waives subrogation of its insurance coverage for <br />the other entity. Self-insurance authorized by state law and/or maintained by the City or the <br />District in the regular course of business for its other activities shall satisfy this requirement. <br />Prior to the start of Extended library Service, both parties shall furnish the other party with <br />policies or certifications evidencing the party's insurance coverage. <br />VI. NOTICES <br />All notices, statements, demands, requests, consents, approvals, authorizations, <br />appointments, or designations hereunder by either party to the other shall be in writing and shall <br />be deemed given and served upon the other party, if delivered personally or three (3) days after <br />depositing in the United States mail, postage prepaid, addressed as follows: <br />If to CITY: <br />And <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: City Attorney <br />~ oii si2oos 3 of 6 <br />ez <br />25A-5 <br />