GARDEN GROVE, FOUNTAIN VALLEY & COSTA MESA-2015

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c. A party's failure to insist on any instance(s) of any other party's performance of any term(s) or conditions) of this Agreement shall not be construed as a waiver of the non - enforcing party's right to such performance or to future performance of such term(s) or condition(s), and the nonperforming party's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon either party except when specifically confirmed in writing by way of a written amendment to this Agreement between the parties and issued in accordance with the provisions of this Agreement. VIII. INSURANCE AND INDEMNIFICATION a. Each city shall jointly and severally indemnify, defend and hold harmless every other city, it's officers, directors, employees and agents from and against any and all claims for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by that city, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. b. Each city shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of every other city. IX. ADDITIONAL PROVISIONS: a. Term of Agreement: This Agreement shall continue in full force and effect until December 31, 2018. This Agreement may be extended at the mutual consent of all parties in writing. b. SANTA ANA, GARDEN GROVE, FOUNTAIN VALLEY and COSTA MESA hereto affirm that they are authorized to execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties hereto are formally bound to the provisions of this Agreement, c. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. d, Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile and electronic signatures will be permitted. e. In the event that the project costs exceed the estimates submitted In the Project Application as prepared, all parties agree to meet and determine project revisions to meet the budget, or a revised funding proposal by the cities that shall be documented and submitted in writing as a revision to the Agreement.