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or indirect operations of the User or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of effects arising from this Agreement. This indemnity <br />and hold harmless agreement applies to all claims for damages, just compensation, restitution, <br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events <br />referred to in this Section or by reason of effects arising from this Agreement. The User further <br />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 by a third party <br />challenging the validity of this Agreement, or asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by <br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. <br />CONFLICT OF INTEREST CLAUSE <br />User 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. 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 fast 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 />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 />With copies to: Executive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />and 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 />To User: DISCOVERY SCIENCE CENTER OF ORANGE COUNTY <br />2500 N Main Street <br />Santa Ana, CA 92705 <br />Attn: Janet Yamaguchi, VP, Education <br />