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SECTION 4. MAINTENANCE <br />4.1. Maintenance activities may include, but are not limited to: artificial ivy repair, <br />graffiti removal, vandalism remediation, landscape irrigation, vegetation, and block wall repair. <br />4.2. While the Improvements described in Section 1 of this AGREEMENT are being <br />constructed, the maintenance of such Improvements shall be the responsibility of the contractor <br />under contract with OCWD. This contractor shall maintain the same or better site security as <br />exists prior to the construction contract award. <br />4.3. Upon substantial completion of the construction contract, OCWD and CITY shall <br />own and maintain the Improvements located within their respective property boundaries. <br />SECTION 5. MISCELLANEOUS <br />5.1. Tenn. This AGREEMENT shall become effective upon its approval by both the <br />Board of Directors of OCWD and the CITY Council, <br />5.2. Notices. Any notice, instrument, payment or document required to be given or <br />delivered under this AGREEMENT shall be given or delivered by personal delivery or by <br />depositing the same in a United States Mail depository, first class postage prepaid, and addressed <br />as follows: <br />If to OCWD: Orange County Water District <br />18700 Ward Street <br />Fountain Valley, CA 92708 <br />Attn: General Manager <br />If to CITY: CITY of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Attn: City Manager <br />or such other address as either party may direct in writing to the other. Service of any instrument <br />or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 <br />hours after deposit of such instrument or document in a United States mail depository, first class <br />postage prepaid, and addressed as set forth above. <br />5.3. CITY Indemnification. The CITY shall defend, indemnify and hold OCWD, its <br />officers, directors, employees and representatives, harmless from and against any and all actions, <br />suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, <br />penalties, obligations, expenses or liabilities (collectively, "Costs ") that may be asserted or <br />claimed by any person or entity arising out of the performance or implementation of this <br />AGREEMENT by CITY or its officers, directors, employees or representatives, or the <br />distribution or use of any water. The CITY shall also defend, indemnify and hold OCWD, its <br />officers, directors, employees and representatives harmless from and against any and all Costs <br />that may be asserted or claimed by any person in any administrative or judicial challenge to the <br />-4- <br />