Laserfiche WebLink
City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax (714) 647 -6515 <br />I. ALTERATION OF TERMS <br />This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by <br />reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of <br />this Agreement, and shall constitute the total Agreement between the parties for these purposes. No <br />addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless <br />made in writing and formally approved and executed by both COUNTY and CITY. This Agreement <br />supersedes any and all previous agreements between the parties relating to the subject matter hereof. <br />II. INDEMNIFICATION AND INSURANCE <br />A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, <br />officers, employees, agents and those special districts and agencies for which COUNTY's Board of <br />Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from any claims, <br />demands, including defense costs, or liability of any kind or nature, including but not limited to personal <br />injury or property damage, arising from or related to the services, products or other performance <br />provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a <br />court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY <br />INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the <br />court. Neither party shall request a jury apportionment. <br />B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, <br />employees, agents, directors, members, shareholders and /or affiliates harmless from any claims, <br />demands, including defense costs, or liability of any kind or nature, including but not limited to, <br />personal injury or property damage, arising from or related to the services, products or other <br />performance provided by COUNTY pursuant to this Agreement. If judgment is entered against <br />COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of <br />CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither <br />party shall request a jury apportionment. <br />C. Each party agrees to provide the indemnifying party with written notification of any claim <br />related to services provided by either party pursuant to this Agreement within thirty (30) calendar days <br />of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, <br />City of Santa Ana 4 of 8 <br />25C -60 <br />