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2. <br />Bond Counsel is required - <br />insurance. Prior to commencing the performance of the work under this Agreement, Bond Counsel agrees <br />ess than $1,000,000 per accident. <br /> <br /> The following requirements apply to the insurance to be provided by Bond Counsel pursuant to this section: <br /> <br />a.Bond Counsel shall maintain all insurance required above in full force and effect for the entire period <br />covered by the Agreement. <br /> <br />b.Certificates of insurance shall be furnished to the Housing Authority upon execution of the Contract <br />and shall be approved in form by the Housing Authority General Counsel. <br /> <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. <br /> <br />3.If Bond Counsel fails or refuses to produce or maintain the insurance required by this section or fails or <br />refuses to furnish the Housing Authority with required proof that insurance has been procured and is in <br />force and paid for, the Housing Authority shall have the right, at the election, to <br />forthwith terminate this Contract. Such termination shall not affect Bond Counsel <br />time and materials expended prior to notification of termination. Bond Counsel waives the right to receive <br />compensation and agrees to indemnify the Housing Authority for any work performed prior to approval of <br />insurance by the Housing Authority. <br /> <br />ii.HOLD HARMLESS/ INDEMNIFICATION <br /> <br /> <br />To the fullest extent permitted by law, the Bond Counsel shall indemnify, defend and hold harmless the SAHA, <br />and against any and all claims, <br />demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, <br />costs and expenses (in <br />and nature whatsoever (individually, a Claim <br />relate (directly or indirectly) to any work performed or services provided under this Contract (including, without <br />limitation, defects in workmanship and/or materials), or Bond Counsel <br />performing the work (including the negligent and/or willful acts, errors and/or omissions of Bond Counsel, its <br />principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed <br />directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding <br />the foregoing, nothing herein shall be construed to require Bond Counsel to indemnify the Indemnified Parties <br />from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this <br />indemnity shall be construed as authorizing a or to enforce the <br />terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance <br />policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be <br />provided by the Bond Counsel. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Santa Ana Housing Authority <br />Request for Proposals for Bond Counsel Services for Affordable Housing <br />Page 9 <br />5-12 <br /> <br />