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E. HOLD HARMLESS/ INDEMNIFICATION <br />To the fullest extent permitted by law, contractor shall indemnify, defend and hold <br />harmless City, its officers, agents and employees (collectively, the "indemnified <br />parties") from and against any and all claims (including, without limitation, claims <br />for bodily injury, death or damage to property), demands, obligations, damages, <br />actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, <br />costs and expenses (including, without limitation, attorney's fees, disbursements <br />and court costs) of every kind and nature whatsoever (individually, a claim; <br />collectively, "claims"), which may arise from or in any manner related (directly or <br />indirectly) to any work performed or services provided under this contract <br />(including, without limitation, defects in workmanship and/or materials) or <br />contractor's presence or activities conducted performing the work (including the <br />negligent and/or willful acts, errors and/or omissions of contractor, its principals, <br />officers, agents, employees, vendors, suppliers, contractors, subcontractors, <br />anyone employed directly or indirectly by any of them or for whose acts they may <br />be liable for any or all of them). Notwithstanding the foregoing, nothing herein <br />shall be construed to require contractor to indemnify the indemnified parties from <br />any claim arising from the sole negligence or willful misconduct of the <br />indemnified parties. Nothing in this indemnity shall be construed as authorizing <br />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 <br />whether any insurance policies are applicable. The policy limits do not act as a <br />limitation upon the amount of indemnification to be provided by the contractor. <br />F. NOTICE <br />Any notice, tender, demand, delivery or other communication pursuant to this <br />agreement shall be in writing and shall be deemed to be properly given if <br />delivered in person or mailed by first class or certified mail, postage prepaid, sent <br />by telefacsimile communication, or via e-mail to the following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />Santa Ana, CA 92701 <br />Fax 714-647-6956 <br />With courtesy copy to: Public Works Agency - Construction Engineering <br />To Contractor: <br />20D-17