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claims for property damage, which may arise from the negligence or willful misconduct of the <br />Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the provision of services described in section 1 of this Agreement. The Provider <br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees <br />and costs for special counsel to be selected by the City, regarding any action asserting that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property <br />rights arises from the negligence or willful misconduct of Provider or its contractors, subcontractors, <br />agents, employees or other persons acting on their behalf. City may make all reasonable decisions <br />with respect to its representation in any legal proceeding. <br />City agrees to and shall indemnify and hold harmless, Provider, its officers and employees from <br />liability for personal injury and /or property damage arising from the City's negligent acts in relation to <br />the maintenance of the facilities. <br />7. CONFLICT OF INTEREST CLAUSE <br />Provider covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />S. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />To City: Clerk of the City 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 />With copies to: Executive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />26 Civic Center Plaza <br />Santa Ana, California 92702 <br />Fax 714 -571 -4221 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647 -6515 <br />To Provider: Bloomy Management, LLC <br />Abby Pearose <br />P.O. Box 12529 <br />Newport Beach, California 92658 <br />Fax 949 -559 -5421 <br />