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20 Civic Center Plaza (M-25) <br />Santa Ana, California 92702 <br />9. CITY expressly retains the right to require SUBRECIPIENT to increase or <br />decrease insurance of any of the above insurance types throughout the term of this AGREEMENT. <br />Any increase or decrease in insurance will be deemed by CITY Attorney as appropriate to <br />adequately protect the CITY. In addition, CITY Attorney retains the right to require additional <br />insurance coverage as may be deemed appropriate to adequately protect CITY. CITY's <br />requirements shall be reasonable and shall be designed to assure protection from and against the <br />kind and extent of risks which exist at the time a change in insurance is required. <br />10. CITY shall notify SUBRECIPIENT in writing of changes in the insurance <br />requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates of insurance <br />and endorsements with CITY incorporating such changes within thirty (30) days of receipt of such <br />notice, this AGREEMENT may be in default without further notice to SUBRECIPIENT, and <br />CITY shall be entitled to all legal remedies. <br />The procuring of such required policy or policies of insurance shall not be <br />construed to limit SUBRECIPIENT's liability hereunder nor to fulfill the indemnification <br />provisions and requirements of this AGREEMENT. <br />11. INDEMNIFICATION PROVISIONS <br />SUBRECIPIENT agrees to indemnify, defend with counsel approved in writing by CITY, and hold <br />CITY, its officials, officers, employees, and agents harmless from any claims, demands or liability <br />of any kind or nature, including but not limited to personal injury or property damage, arising from <br />or related to the services, products or other performance provided by SUBRECIPIENT pursuant to <br />this AGREEMENT. If judgment is entered against SUBRECIPIENT and CITY by a court of <br />competent jurisdiction because of the concurrent active negligence of CITY or CITY <br />INDEMNITEES, SUBRECIPIENT and CITY agree that liability will be apportioned as <br />determined by the court. <br />12. If an applicant knowingly and willfully submits false performance or other <br />data, the CITY reserves the right to reject that proposal. If it is determined that a AGREEMENT <br />was awarded as a result of false performance or other data submitted in response to this <br />application, the CITY reserves the right to terminate that AGREEMENT. <br />13. SUBRECIPIENT shall be required to submit to the CITY, or its designee, <br />periodic status reports, including program expenditures and recipient information. Failure to do so <br />may result in termination of the AGREEMENT. <br />Page 11 of 26 <br />20C-16 <br />