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caused in whole or in part by any negligence or willful misconduct of IRWD, its officers, agents or employees or by any act or omission for which IRWD, its officers, agents or employees are liable without fault. IRWD shall indemnify, defend and hold CITY, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by IRWD, its officers, agents, or employees, with respect to the construction of the IRWD FACILITIES, or (ii) following IRWD acceptance of the IRWD FACILITIES, with respect to maintenance and operation of the IRWD FACILITIES, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of CITY, its officers, agents or employees, or by any act or omission for which CITY, its officers, agents or employees are liable without fault. SECTION 17. CITY shall cause its contractors for the construction of IRWD FACILITIES to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include IRWD as an additional insured on all insurance policies that CITY requires its contractors to provide. As evidence of such insurance coverage, CITY shall, prior to commencement of construction of the IRWD FACILITIES, provide IRWD with certificates of insurance and insurance endorsements in forms that are acceptable to IRWD. SECTION 18. Either party shall have the right, upon written notice to the other which shall become effective five (5) days after receipt pursuant to Section 19, to terminate any Addendum and thereby delete the respective Project from this Agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CITY, including IRWD, the IRWD FACILITIES construction is not accomplished or completed, IRWD shall remain obligated for the actual amount of any Costs incurred by CITY for the items set forth in Section 11 above to the date of termination or incurred after the date of termination for work necessary to close or leave the IRWD FACILITIES-related work in a safe condition. C. MISCELLANEOUS SECTION 19. Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: Revised 12/22/04 25E68