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<br />Santa Ana Housing Authority
<br />Request for Proposals for Permanent Supportive Housing
<br />Page 12
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<br />b. Certificates of insurance shall be furnished to the Housing Authority upon execution of this Contract
<br />and shall be approved in form by the Housing Authority General Counsel.
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<br />c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or
<br />changed in any other material aspect without thirty (30) days prior written notice to SAHA.
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<br />4. If Owner fails or refuses to produce or maintain the insurance required by this section or fails or refuses to
<br />furnish the Housing Authority with required proof that insurance has been procured and is in force and paid
<br />for, the Housing Authority shall have the right, at the Housing Authority’s election, to forthwith terminate
<br />this Contract. Such termination shall not affect Owner’s right to be paid for its time and materials expended
<br />prior to notification of termination. Owner waives the right to receive compensation and agrees to
<br />indemnify the Housing Authority for any work performed prior to approval of insurance by the Housing
<br />Authority.
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<br />ii. HOLD HARMLESS/ INDEMNIFICATION
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<br />To the fullest extent permitted by law, the Owner shall indemnify, defend and hold harmless the SAHA, its
<br />officers, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims
<br />(including, without limitation, claims for bodily injury, death or damage to property), demands, obligations,
<br />damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
<br />(including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
<br />whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly
<br />or indirectly) to any work performed or services provided under this Contract (including, without limitation,
<br />defects in workmanship and/or materials) or Owner’s presence or activities conducted performing the work
<br />(including the negligent and/or willful acts, errors and/or omissions of Owner, its principals, officers, agents,
<br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of
<br />them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
<br />shall be construed to require Owner to indemnify the Indemnified Parties from any Claim arising from the sole
<br />negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
<br />authorizing any award of attorney’s fees in any action on or to enforce the terms of the Agreement. This
<br />indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The
<br />policy limits do not act as a limitation upon the amount of indemnification to be provided by the Owner.
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<br />iii. NOTICE
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<br />Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in writing and
<br />shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage
<br />prepaid, or sent by facsimile or other telegraphic communication to the following persons:
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<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
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