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and hold harmless and defend the City of Santa Ana, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the telecommunication facility, except to the extent any damage or injury is due to the gross negligence or willful misconduct of the City, its officers or employees. (b) Obtain and file with the Clerk of the Council, and thereafter maintain during the term of any such permit, certificates evidencing comprehensive general liability insurance policy or policies, approved as to form by the City Attorney, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000.00) combined single limit for both bodily injury and property damage, or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insured shall be effective until after twenty (20) days' notice thereof has been given in writing to the Clerk of the Council. Sec. 33-250. Coordination with other Projects To the maximum extent possible and as permitted by law, an Applicant shall design and schedule its Work so as to coordinate its Work with other persons installing, constructing, or maintaining Facilities in the public right of way and with the City. Sec. 33-251. Installation in Streets Subject to Future Improvement Except in an Emergency or in the case of new service connections to a newly constructed or substantially remodeled building, a Telecommunication Facility shall not be installed in areas proposed for future street improvements pursuant to the City's adopted five year capital improvement plan. Sec. 33-252. Protection of Urban Forest The permittee may be requested to retain, at its own cost, a certified arborist to advise the permittee's contractor doing underground work in the public right of way as to appropriate locations for underground vaults, conduits and other equipment and root pruning techniques, if needed, so as to ensure minimal impact to existing trees and other landscaping materials that are a part of the City's urban forest. The permittee's arborist shall coordinate their work with the City's Community Forester. Ordinance NS-2816 Page 14 of 16