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However, the City represents and warrants that no tax increment revenue from its <br />redevelopment areas will be provided. <br />M. Materials and Equipment. District shall furnish all materials and equipment in <br />District's sole discretion necessary for the Joint Use portion of the Community <br />Center. City shall furnish materials and equipment, in City's discretion necessary <br />for the Public Use portion of the Community Center. <br />4. INDEMNIFICATION. <br />A.District shall defend, indemnify and save and hold harmless City, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, expenses, <br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with District's performance of this Agreement or District's failure to comply with any <br />of District's obligations contained in the Agreement caused by District, its officers, agents or <br />employees except such loss or damage which was caused by the sole negligence or willful <br />misconduct of City. In the event City is named as codefendant, District shall notify City of such <br />fact and shall represent City in such legal action unless City undertakes to represent itself as <br />codefendant in such legal action, in which case City shall bear its own litigation costs, expenses <br />and attorney's fees. <br />B. City shall defend, indemnify and save and hold harmless District, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, expenses, <br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with City's performance of this Agreement or City's failure to comply with any of <br />City's obligations contained in the Agreement caused by City, its officers, agents or employees <br />except such loss or damage which was caused by the sole negligence or willful misconduct of <br />District. In the event District is named as codefendant, City shall notify District of such fact and <br />shall represent District in such legal action unless District undertakes to represent itself as <br />codefendant in such legal action, in which event District shall bear its own litigation costs, <br />expenses and attorney's fees. <br />5. INSURANCE. Both the City and the District shall maintain, for the period covered by <br />this Agreement, at their own respective costs, their own respective policy or policies of general <br />liability insurance and property insurance. Each party waives subrogation of its insurance coverage <br />for the other entity. Self-insurance authorized by state law and/or maintained by the City or the <br />District in the regular course of business for its other activities shall satisfy this requirement. <br />6. NOTICES. All notices, statements, demands, requests, consents, approvals, <br />authorizations, appointments, or designations hereunder by either party to the other shall be in <br />writing and shall be deemed given and served upon the other party, if delivered personally or three <br />(3) days after depositing in the United States mail, postage prepaid, addressed as follows: <br />If to CITY: <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />RooseveltJtUse 1/24/13 <br />25B-21