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Cesar Vargas and Associates
<br />Page 12 of 16
<br />3.6 General Provisions.
<br />3.6.1 Delivery of Notices. All notices permitted or required under this
<br />Agreement shall be given to the respective parties at the following address, or at such
<br />other address as the respective parties may provide in writing for this purpose:
<br />Consultant:
<br />City:
<br />Cesar Vargas
<br />8502 E. Chapman Ave. #302
<br />Orange, California 92869
<br />City of Santa Ana
<br />20 Civic Center Plaza
<br />Santa Ana, CA 92701
<br />Attn: Maria D. Huizar, Clerk of the Council
<br />Such notice shall be deemed made when personally delivered or when
<br />mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
<br />and addressed to the party at its applicable address. Actual notice shall be deemed
<br />adequate notice on the date actual notice occurred, regardless of the method of service.
<br />3.6.2 Indemnification.
<br />3.6.2.1 Scope of Indemnity. To the fullest extent permitted by
<br />law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
<br />employees, volunteers and agents free and harmless from any and all claims, demands,
<br />causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
<br />equity, to property or persons, including wrongful death, in any manner arising out of,
<br />pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its
<br />officials, officers, employees, subcontractors, consultants or agents in connection with
<br />the performance of the Consultant's Services, the Project or this Agreement, including
<br />without limitation the payment of all consequential damages, expert witness fees and
<br />attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to
<br />the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
<br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
<br />that arise out of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />3.6.2.2 Additional Indemnity Obligations. Consultant shall
<br />defend, with legal counsel chosen by City, at Consultant's own cost, expense and risk,
<br />any and all claims, actions or other proceedings of every kind covered by Section
<br />25M -14
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