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5/11/10 <br />SUBRECIPIENT has any employees it is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing performance of this <br />Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with <br />limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor <br />workers' compensation coverage, it must execute a Declaration available from the CITY, and <br />update as is necessary. <br />B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a <br />policy or policies of commercial general liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. <br />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 self-insurance programs maintained by the CITY; (3) contain standard separation of <br />insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit <br />instituted arising out of SUBRECIPIENT's operations hereunder. <br />SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, <br />furnish properly executed certificates of insurance and additional insured endorsement to the <br />CITY which shall clearly evidence all coverages required above; (b) provide that such insurance <br />shall not be materially changed or terminated except on 30 days prior written notice to the CITY; <br />(c) maintain such insurance for the period covered by this Agreement; and (d) replace such <br />certificates for policies expiring prior to the expiration of this Agreement. <br />XI. REVERSION OF ASSETS <br />A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any <br />CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts <br />receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] <br />B. Any real property under SUBRECIPIENT's control that was acquired or improved <br />in whole or in part with CDBG funds in excess of $25,000.00 must either be: <br />1. Used, where CITY has given written approval, to meet one of the national <br />objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for <br />such longer period of time as determined to be appropriate by CITY; or <br />2. If not used in accordance with subparagraph A above, SUBRECIPIENT <br />shall pay to CITY an amount equal to the current fair market value of the property less any portion <br />of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement <br />to, the property. Such payment is program income to CITY. <br />C. Subject to the obligations set forth herein, title to equipment acquired under the <br />terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment <br />FIVa <br />