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Agreement No. 012-015 <br />Bikeways and Trails in the City of Santa Ana <br />from any and all claims, losses, or liability, arising from alleged injury or damage to persons or <br />property arising out of: (a) breach of the terms and conditions of this AGREEMENT by CITY, (b) <br />the willful misconduct or negligent acts or omissions of CITY in connection with this <br />AGREEMENT, (c) the material or other items used or employed in performing construction work, <br />(d) injury to or death of any person or persons (either workman, employees of CITY or its <br />contractors, subcontractors or the public) or damage to adjacent or other property caused by the <br />performance of construction work being performed to construct RECREATION IMPROVEMENTS <br />on PREMISES, or (e) arising from use by any person or persons of RECREATION <br />IMPROVEMENTS on PREMISES, or (f) CITY's operation and maintenance activities on <br />PREMISES, or (g) the design of RECREATION IMPROVEMENTS on PREMISES. Nothing <br />contained in this section shall operate to relieve DISTRICT and/or the DISTRICT/COUNTY <br />INDEMNITEES from any loss, injury, liability, damages, claims, costs or expenses to the extent <br />determined by a court of competent jurisdiction to have been proximately caused by the willful <br />misconduct or negligent acts or omissions of DISTRICT and/or the DISTRICT/COUNTY <br />INDEMNITEES or any of them. <br />The indemnity obligations created by this section as well as any other indemnity obligations <br />created by this AGREEMENT shall survive the termination of this AGREEMENT, to the extent <br />that a claim is based on an event which occurred prior to termination. <br />9.2. INSURANCE <br />During the term of this AGREEMENT CITY shall maintain insurance or self-insurance and cause <br />its contractors to maintain insurance in accordance with the insurance requirements set forth in <br />Exhibit E. <br />- Page 15 of 23 -