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reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason <br />of the terms of, or effects, arising from this Agreement. The Engineer further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be <br />selected by the City, regarding any action by a third party challenging the validity of this Agreement, or <br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to <br />personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City <br />may make all reasonable decisions with respect to its representation in any legal proceeding. <br />8. CONFLICT OF INTEREST CLAUSE <br />Engineer covenants that it presently has no interests and shall not have interests, direct or indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br />9. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />With courtesy copy to: <br />Public Works Agency <br />City of Santa Ana <br />Kurt Wiemann <br />20 Civic Center Plaza (M-21) <br />Santa Ana, California 92702 <br />Fax 714-647-5069 <br />To Engineer: Larry Mullen 8c Associates Incorporated <br />1200 N Jefferson St Unit D <br />Anaheim, CA 92807 <br />Attn: Larry Mullen <br />Fax 714-632-3849 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />communication shall be addressed and transmitted to the new address. If sent by mail, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by <br />telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed <br />as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City <br />holidays shall be excluded. <br />4