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4. The following requirements apply to the insurance to be provided by Contractor pursuant to this
<br />section:
<br />a. Contractor shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />b. Certificates of insurance shall be furnished to the City upon execution of this Contract and shall
<br />be approved in form by the City Attorney.
<br />c. Certificates and policies shall state that the policies shall not be canceled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written notice to
<br />the City.
<br />5. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or
<br />refuses to furnish the City with required proof that insurance has been procured and is in force and
<br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Contract.
<br />Such termination shall not effect Contractor's right to be paid for its time and materials expended
<br />prior to notification of termination. Contractor waives the right to receive compensation and agrees
<br />to indemnify the City for any work performed prior to approval of insurance by the City.
<br />F. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its
<br />officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
<br />costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
<br />every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or
<br />in any manner relate (directly or indirectly) to any work performed or services provided under this
<br />Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's
<br />presence or activities conducted performing the work (including the negligent and/or willful acts, errors
<br />and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers,
<br />contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts
<br />they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
<br />construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the
<br />sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
<br />construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this
<br />Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance
<br />policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
<br />be provided by the Contractor.
<br />G. NOTICE
<br />Any notice, tender, demand, delivery or other communication pursuant to th
<br />writing and shall be deemed to be properly given if delivered in person or
<br />certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
<br />following persons:
<br />To City: Clerk of the 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 />Exhibit A - Next Page
<br />is Contract shall be in
<br />mailed by first class or
<br />communication to the
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