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non-responsibility or other notice as may be desirable to protect City against liability. In
<br />addition to, and not as a limitation of City's other rights and remedies under this Agreement,
<br />should EARTHTEK fail, within ten (10) days of written request from City, either to discharge
<br />any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and
<br />against any loss, damage, injury, liability or claim arising out of a Lien, then City, ai its option,
<br />may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related
<br />thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as
<br />applicable, by EARTHTEK upon written demand.
<br />(h) EARTHTEK shall not have any interest in the Property or be entitled
<br />to any reimbursement or repayment for any work performed upon the Property pursuant
<br />to this Agreement.
<br />(i) EARTHTEK shall take all necessary precautions to prevent the import
<br />and/or release into the environment of any hazardous materials, which are imported to, in, on or
<br />under the Property through the installation, removal or presence on the Property, of the Kilowatt
<br />Buster. If hazardous materials are imported onto the Property as a result of the Kilowatt Buster,
<br />EARTHTEK shall be solely responsible for removing such imported hazardous materials in
<br />conformance with all governmental requirements. EARTHTEK shall report to the City, as soon
<br />as possible after each incident, any unusual oi• potentially important incidents with respect to the
<br />environmental condition of the Property.
<br />4. Indemnity. EARTHTEK hereby agrees to defend, indemnify and hold the City
<br />and their officers, officials, members, employees, agents and representatives, harmless from and
<br />against any and all loss, damage, injury, liability, claim, cost or expense (including, without
<br />limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
<br />or attributable to the activities of EARTHTEK or any of its employees, agents, consultants or
<br />contractors upon the Property at 122 North Newhope Street, Santa Ana, CA 92703 pursuant to
<br />this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense
<br />of EARTi-ITEK.
<br />5. NotlCe. Any notice, tender, demand, delivery, or other communication pursuant
<br />to this Agreement shall be in writing and shall be deemed to be properly given if delivered in
<br />person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
<br />telegraphic communication in the manner provided in this Section, to the following persons:
<br />To City: Executive Director of Finance and Management Services
<br />City of Santa Ana
<br />20 Civic Center Plaza (M-21)
<br />P.O. Box 1988
<br />Santa Ana, California 92702
<br />Fax 714- 647-5421
<br />Attn: Mario Ghizzi
<br />and
<br />City Attorney
<br />City of Santa Ana
<br />20 Civic Center Plaza (M-29)
<br />P.O. Box 1988
<br />
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