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for its time and materials expended prior to notification of termination.
<br />Contractor waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance
<br />by the City.
<br />F. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend and
<br />hold harmless City, its officers, agents and employees (collectively, the
<br />"indemnified parties ") from and against any and all claims (including, without
<br />limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines,
<br />penalties, liabilities, costs and expenses (including, without limitation, attorney's
<br />fees, disbursements and court costs) of every kind and nature whatsoever
<br />(individually, a claim; collectively, "claims "), which may arise from or in any
<br />manner related (directly or indirectly) to any work performed or services provided
<br />under this Agreement (including, without limitation, defects in workmanship
<br />and /or materials) or Contractor's presence or activities conducted performing the
<br />work (including the negligent and /or willful acts, errors and /or omissions of
<br />Contractor, its principals, officers, agents, employees, vendors, suppliers,
<br />contractors, subcontractors, anyone employed directly or indirectly by any of
<br />them or for whose acts they may be liable for any or all of them). Notwithstanding
<br />the foregoing, nothing herein shall be construed to require Contractor to
<br />indemnify the indemnified parties from any claim arising from the sole negligence
<br />or willful misconduct of the indemnified parties. This indemnity shall apply to all
<br />claims and liability regardless of whether any insurance policies are applicable.
<br />The policy limits do not act as a limitation upon the amount of indemnification to
<br />be provided by the Contractor.
<br />G. 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
<br />delivered in person or mailed by first class or certified mail, postage prepaid, sent
<br />by telefacsimile communication, or via e-mail to the following persons:
<br />To City: Clerk of the Council
<br />City of Santa Ana
<br />20 Civic Center Plaza (M -30)
<br />Santa Ana, CA 92701
<br />Fax 714 - 647 -6956
<br />With courtesy copy to: Public Works Agency
<br />Design Engineering
<br />20 Civic Center Plaza (M36)
<br />Santa Ana, CA 92701
<br />Fax 714 -647-
<br />To Contractor: 5 Star Elevator Service, Inc.
<br />15556 N. Case Street
<br />Orange, CA 92867
<br />23A -9
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