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FULL PACKET_2013-04-15
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FULL PACKET_2013-04-15
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4/6/2017 4:27:23 PM
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4/11/2013 1:59:06 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
4/15/2013
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of such fact and shall represent District in such legal action unless District <br />undertakes to represent itself as codefendant in such legal action, in which event <br />District shall bear its own litigation costs, expenses and attorney's fees. <br />6. INSURANCE. Both the City and the District shall maintain, for the period covered <br />by 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 />7. 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 />And <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: City Attorney <br />If to DISTRICT: <br />Santa Ana Unified School District <br />1601 E. Chestnut <br />Santa Ana, CA 92701 <br />Attn: Assistant Superintendent, Facilities & Governmental Relations <br />8. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision <br />of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable <br />law, but if any provision of this Agreement shall be held to be invalid, void or unenforceable by a <br />court of competent jurisdiction or an arbitrator chosen by both parties, such provision will be <br />ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such <br />provision, or the remaining provisions of this Agreement. This Agreement has been made and <br />entered into in the State of California and the laws of that State shall govern the validity and <br />interpretation hereof and the Parties' performance hereunder. <br />9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either <br />oral or written, between the parties hereto with respect to the subject matter of this Agreement, and <br />contains all of the covenants and agreements between the parties with respect to this matter. Each <br />party to this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made with regard to this matter by any party, or anyone <br />6 <br />25B-9
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