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subrogation against City, its directors, commissioners, officers, <br /> employees, and volunteers for losses arising from performance of <br /> this Agreement; or <br /> D. Provide a signed statement certifying that no employees subject to <br /> the Labor Code's Workers' Compensation provision will be used in <br /> performance of this Contract. <br /> 7.1.3 ASSOCIATION shall procure and maintain at its own expense a policy <br /> covering its Directors & Officer Liability with minimal limits of <br /> $1,000,000. <br /> 7.1.4 Each insurance policy included in this clause shall be endorsed to state <br /> that coverage shall not be cancelled except after thirty (30) days' prior <br /> written notice to CITY, and that coverage is primary to any other coverage <br /> available to CITY. <br /> 7.1.5 Prior to commencement of performance, ASSOCIATION shall furnish <br /> CITY with a certificate of insurance for each policy. Each certificate is to <br /> be signed by a person authorized by that insurer to bind coverage on its <br /> behalf. The certificate(s) must be in a form approved by CITY. CITY <br /> may require complete, certified copies of any or all policies at any time. <br /> 7.2 Failure on the part of the ASSOCIATION to procure or maintain required <br /> insurance shall constitute a material breach of contract under which CITY <br /> may immediately terminate this agreement. <br /> 7.3 The City Manager of the CITY is hereby authorized to modify the <br /> insurance requirement of this Section as he or she may deem appropriate <br /> from time to time. <br /> <br /> 8. NOTICES <br /> 8.1. All notices, plans, or reports permitted or required under this Agreement shall be <br /> in writing, and shall be deemed made when personally delivered to the following <br /> persons as provided in this Agreement. Additionally, such notices shall be <br /> deemed made 48 hours after deposited in the U.S. Mail, first class postage prepaid <br /> and addressed to the respective parties at the following address, or at such other <br /> address as the respective parties may provide in writing for this purpose: <br /> CITY OF SANTA ANA <br /> 20 Civic Center Plaza M-25 <br /> Santa Ana, California 92701 <br /> Attention: Deputy City Manager of Development Services <br /> 80A-33 <br /> <br />