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TO SUBRECIPIENT: NAME:Nabil Saba
<br /> Executive Director Public Works
<br /> Public Works Agency.
<br /> 20 Civic Centel Plaza
<br /> Santa Ana,CA 92702
<br /> VIH. ASSIGN'A.I3ILIIY
<br /> None of the duties.of,or work to be performed by, SUBRECIPIENT under this Agreement shall be:
<br /> subcontracted or assigned',to any agency, consultant,-or person without the prior written consent of CITY.
<br /> SUBRECIPIENT must:submit all subcontracts and other agreements that relate to this Agreement to CITY.
<br /> No .subcontract or assignment-shall terminate or alter,the legal obligations of SUBRECIPIENT pursuant to.
<br /> this Agreement.
<br /> IX. HOLD RARN)1E8
<br /> SUBREGIPIENI'shall indemnify, defend and save harmless CITY, its officers, employces, agents,
<br /> •representatives and volunteers from and against any and all damages to or for loss of use of property and for
<br /> 'injuries to or death of any person or persons,including property and employees or agents of CITY,and shall
<br /> defend, indemnify and save harmless CITY, its officers, employees, agents, representatives-and volunteers
<br /> from and against any and all claims, demands, suits,actions or proceedings of any kind or nature, including,
<br /> but not by way of limitation, workers-compensation claims and including attorney fees and reasonable
<br /> expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
<br /> omissions of SUBRECIPIENT,its officers,directors,employees,agents, subcontractors and suppliers arising
<br /> out of SUBRECIPIENT's,performance of this Agreement.
<br /> X INSURANCE
<br /> 1. Commercial General Liability. SUBRECW)1EN F agrees to obtain and keep in force
<br /> during the term of this Agreement a policy of comprehensive commercial public liability insurance
<br /> insuring the CITY, and". RECIPIWF against any liability for accident, injury or death arising out of
<br /> or in consequence of this Agreement. Such insurance shall be in an amount not less,than One Million
<br /> Dollars ($1,000,000.00) for any.injury to or death of any person or persons in any single accident or
<br /> occurrence. Said policy of'comprehensive liability insurance shall be-endorsed to provide to CITY at
<br /> least thirtty(30) days written notice prior to'cancellation; name CITY, its officers,agents, employees, and
<br /> volunteers, additional uisured; and state that such coverage is primary to any other coverage or self
<br /> insurance and CITY. Governmental entities may provide proof of self-insurance,
<br /> (a) Such insurance shall: (1) name the City of Santa Ana, its.officers, agents,
<br /> representatives, employees and volunteers as additional insured's; (2) be primary with .respect to
<br /> insurance or scif-insum,cc programs maintained by the CITY; (3) contain standard separation of
<br /> -insured's provisions;'atid (4) give to CITY prompt -and timely notice of claim.-made or suit .bRtit4tod
<br /> -arising out of SUBRECIPIENC's opbrat ons}xoereunder.
<br /> (b) SUBRECIPIENT, shall: (1) prior.'to -exercising any. -right widdr- this
<br /> .Agreement, furnish properly exeouted'certifrratds-of insurance-and.additional insured ondorserrment.to.the
<br /> CITY which shall clearly evidence a.1l-boV&ages required above; (2).provide that such insurance shall-not-
<br /> be materially changed or terminated except on 30 days prior written notice'to the,CITY; (3)maintain such
<br /> insurance for the,period covered by this Agreement; and(4)replace such certificates for policies expiring
<br /> prior to the expiration of this Agreement
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