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<br /> <br /> <br /> <br /> <br /> <br /> <br /> tune and materials expended prior to notification of termination. Provider waives the right to <br /> receive compensation and agrees to indemnify the City for any work performed prior to approval <br /> of insurance by the City. <br /> <br /> 6. INDEMNIFICATION <br /> Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees. Providers, special counsel, and representatives from liability, for personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br /> personal injury, including health, and claims for property damage, which may arise from the <br /> direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, <br /> or other persons acting on their behalf which relates to the services described in section 1 of this <br /> Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the <br /> defense of the City, including fees and costs for special counsel to be selected by the City, <br /> regarding any action by a third party asserting that personal injury, damages, just compensation, <br /> restitution, judicial or equitable relief due to personal or property rights arises by reason of the <br /> terms of, or effects arising from this Agreement. City may make all reasonable decisions with <br /> respect to its representation in any legal proceeding. <br /> 7. CONFLICT OF INTEREST <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 /> 8. LIVE SCAN BACKGROUND CHECK <br /> Providers in contact with minors under eighteen (18) years of age shall arrange for and <br /> submit to a Live Scan electronic background check for criminal history available through the <br /> California Department of Justice as a condition of this Agreement and provide proof of <br /> compliance prior to performing services hereunder. <br /> 9. 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 delivered in person or <br /> mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br /> telegraphic communication in the manner provided in this Section, to the following persons: <br /> <br /> To City: Clerk of the Council <br /> City of Santa Anna <br /> 20 Civic Center Plaza (M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1988 <br /> Telefacsimile (714) 647-6956 <br /> With copy to: Executive Director of Parks, Recreation and Community Services <br /> City of Santa Ana <br /> 26 Civic Center Plaza (M-75) <br /> P.O. Box 1988 <br /> <br /> <br /> 3 <br /> <br /> <br /> 25B-5 <br />