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6. INDEMNIFICATION <br />Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, <br />or other persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the <br />defense of the City, including fees and costs for special counsel to be selected by the City, <br />regarding any action by a third party asserting personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arising by reason of the <br />terns of, or affects arising from this Agreement. City may make all reasonable decisions with <br />respect to its representation in any legal proceeding. <br />7. CONFLICT OF INTEREST <br />Provider 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. LIVE SCAN BACKGROUND CHECK <br />Provider, and any employees, subcontractors or substitutes, in contact with minors rmrder <br />eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background <br />check for criminal history available through the California Department of Justice as a condition <br />of this Agreement and provide proof of compliance prior to performing services hereunder. <br />9. 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 first class or certified mail, postage prepaid, or sent by fax or other telegraphic <br />cornmimucation in the mariner provided in this Section, to the following persons: <br />To City: Clerk of the 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 />Fax (714) 647-6956 <br />With copy to: Executive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />26 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax (714) 571-4211 <br />