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ii. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, its officers,
<br />agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including,
<br />without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages,
<br />actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
<br />without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever
<br />(individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly)
<br />to any work performed or services provided under this Contract (including, without limitation, defects in
<br />workmanship and /or materials) or Developer's presence or activities conducted performing the work (including
<br />the negligent and /or willful acts, errors and /or omissions of Developer, 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 Developer to indemnify the Indemnified Parties from any Claim arising from the
<br />sole 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 Developer.
<br />iii. NOTICE
<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:
<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 courtesy copy to:
<br />Housing Division Manager
<br />City of Santa Ana
<br />Community Development Agency
<br />20 Civic Center Plaza (M -26)
<br />Santa Ana, CA 92701
<br />Fax 714 - 667 -2225
<br />f►rJfi47M 101_ti1I0 1
<br />The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause.
<br />1. In the event Developer fails or refuses to timely perform any of the provisions of this Agreement in the
<br />manner required, or if Developer violates any provision of this Agreement, Developer shall be deemed in
<br />default. City shall provide written notice of such default to Developer's Project Manager. Developer shall
<br />cure said default within a period of two (2) working days. If such cure is not completed in a timely manner,
<br />City of Santa Ana Community Development Agency
<br />Request for Proposals for Affordable Housing Development
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<br />19E -20
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