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manufacturers. The Community Partners acknowledge that any warranties and/or guarantees on any equipment
<br />or material are subject to the respective manufacturer's terms thereof, and the Community Partners agree to look
<br />solely to such manufacturers for any such warranty and/or guarantee, Neither KaBOOMI nor the Funding
<br />Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders,
<br />employees, agents or representatives, have made nor are in any manner responsible or liable for any
<br />representation, warranty or guarantee, express or implied, In fact or in law, relative to any equipment or material,
<br />including its quality, mechanical condition or fitness for a particular purpose.
<br />(i) Insurance. The City of Santa Ana is self -Insured and Is responsible for providing coverage for its own employees
<br />and against liability for bodily injury, death and property damage that may arise out of or be based on the use of
<br />the playground at "Community Partner location", from 7 (seven) calendar days before the Build Day and for a
<br />minimum of one year afterward, In each case, In amounts not less than one million dollars ($1,000,000). This
<br />self-insurance shall be primary over any other Insurance covering KaBOOMi and its funding partners.
<br />In addition, Kid Healthy shall obtain and maintain from no less than seven (7) days prior to the Build Day and
<br />through Build Day itself an event liability insurance policy (providing coverage against liability for bodily injury,
<br />death, and property damage that may arise out build day and preparation) with a limit not less than one million
<br />dollars ($1,000,000) per occurrence,
<br />j) Indemnifloation: The City of Santa Ana shall Indemnify and hold harmless KaBOOMI, the Funding Partner and
<br />their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and
<br />representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and
<br />panalt!es due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other
<br />reasonable out-of-pocket expenses incurred In Investigating, preparing, defending or settling any action)
<br />(collectively, "Losses"), including any of the foregoing arising under, out of or in connection with any breach of
<br />this Agreement, any actions associated with this Project or resulting from the use of any playground property and
<br />equipment, including those for personal injury, death, or property damage, except to the extent resulting from the
<br />gross negligence or willful misconduct of such Indemnified person, The City's indemnification obligation in this
<br />section shall not extend to any such Losses caused by the negligence or willful misconduct of Kid Healthy. This
<br />provision shall survive any termination or expiration of this Agreement.
<br />Kid Healthy shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates,
<br />directors, officers, managers, partners, members, shareholders, employees, agents and representatives from any
<br />and all Losses arising under, out of or In connection with any breach of this Agreement or any actions associated
<br />with this Project, except to the extent resulting from the gross negligence or willful misconduct of such
<br />indemnified person, Kid Healthy' s Indemnification obligation in this section shall not extend to any such Losses
<br />caused by the negligence or willful misconduct of the City of Santa Ana. This provision shall survive any
<br />termination or expiration of this Agreement.
<br />(k) Data and Reporting Requirements, Kid Healthy shall (!) promptly following the confirmation of the Project,
<br />distribute one or more play -related surveys provided by KeBOOMI to Its stakeholders, Including
<br />parents/caregivers, volunteers, staff and board members, (!I) cause members of its planning committee to
<br />complete a past -build survey provided by KaBOOMI within 2 weeks from the Build Day and a 6 -month survey
<br />provided by KsBOOMI within 7 months from the Build Day,
<br />2. Obligations of KaBO©M!.
<br />(a) Playground Build. KaBOOMI shall provide technical and organizational leadership and guidance for the Project
<br />and shall:
<br />(!) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings,
<br />and work with vendors to procure equipment and materials in a timely manner, except to the extent that
<br />safety surfacing other than engineered wood fiber is used, which shall be procured by the Community
<br />Partner.
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