ORANGE COUNTY FIRE AUTHORITY - 2013 CDBG

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VIII. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. IX. INSURANCE SUBRECIPIENT represents that it is self - insured with limits not less than one million dollars ($1,000,000) per accident for worker's compensation claims. Furthermore, SUBRECIPIENT represents that it participates in the Fire Agencies Insurance Risk Authority (FAIRA) pooled group general liability insurance program, and that through FAIRA, SUBRECIPIENT maintains general liability coverage with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement furnish CITY with a letter setting forth its self-insured retention and a summary of its coverage under FAIRA; (b) not materially change or terminate such insurance except on 30 days prior written notice to the CITY; and (c) maintain such insurance for the period covered by this Agreement. SUBRECIPIENT's insurance shall be primary with respect to insurance of self - insurance programs maintained by the CITY. X. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(7).) B. Any real property under SUBRECIPIENT's control that was acquired or unproved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 953911.1 (1) Used to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or (2) Not used in accordance with subparagraph I above, in which event SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG FUNDS for acquisition of, or improvement to, the property. Such payment is program income to CITY. No such payment is required following the period of times specified pursuant to subparagraph 10