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City shall notify Operator in writing of changes in the insurance requirements, and if <br />Operator does not deposit copies of acceptable insurance policies with City incorporating <br />such changes within sixty days (60) of receipt of such notice, Operator shall be in default <br />without further notice to Operator, and City shall be entitled to exercise all legal <br />remedies. <br />The procuring of such required policy or policies of insurance should not be construed to <br />limit Operator's liability hereunder or to fulfill the indemnification provisions and <br />requirements of this Agreement. <br />10. INDEMNIFICATION <br />The Operator shall indemnify and hold the City of Santa Ana, its officers, employees and agents <br />harmless from and against: <br />(a) Any and all liability, penalties, losses, damages, costs and expenses, demands, causes of <br />action, claims or judgments arising from or growing out of any injury to any person or persons, <br />or any damage to any property as a result of any accident or other occurrence during the term of <br />this Agreement occasioned by any negligent act or omission of the Operator, its officers, <br />employees, agents, servants, subtenants, concessionaires, licensees, contractors, invitees or <br />permittees, or arising from or growing out of the negligent use, maintenance, or operation of the <br />Premises during the term of this Agreement. <br />(b) From and against all legal costs and charges, including reasonable attorney's fees, incurred <br />with respect to any of such matters and the defense of any action out of the same, or in <br />discharging the Premises or any part thereof from any and all liens, charges or judgments which <br />may accrue or be placed thereon by reason of any negligent act or omission of the Operator. <br />(c) The Operator shall further indemnify and hold harmless the City from any loss of Gross <br />Revenue due to dishonesty, theft, or negligence of any officer, agent, or employee of the <br />Operator. The Operator may protect itself from such liability for such fidelity losses through <br />higher fidelity bonding of its officers, agents, or employees than is required by this Section, but <br />failure to do so shall in no way relieve the Operator from its obligation to indemnify the City of <br />any such losses. <br />(d) Notwithstanding the foregoing, nothing herein shall be construed to require Operator to <br />indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful <br />misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as <br />authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. <br />This indemnity shall apply to all claims and liability regardless of whether any insurance policies <br />are applicable. The policy limits do not act as a limitation upon the amount of indemnification to <br />be provided by the Operator. <br />11. PUBLIC PARKING RATES <br />A. Parking Rates. The City shall determine parking rates. The <br />25A-15