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(i) Siemens shall supply City with a fully executed additional insured endorsement <br />for commercial general liability and automobile coverages which a) names the <br />City of Santa Ana, its officers, employees, agents and volunteers as additional <br />insured, b) provides that Siemens insurance coverage shall be primary and that <br />any other insurance, or self - insurance maintained by the City, its officers, <br />employees, agents and volunteers shall be excess of Siemen's insurance and shall <br />not contribute with it. <br />(ii) Siemens agrees to waive subrogation which any of its insurers may acquire from <br />Siemens by virtue of payment of any loss. Siemens agrees to obtain any <br />endorsement that may be necessary to effect this waiver of subrogation. <br />(iii) Siemens shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />(iv) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(v) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />(vi) Certificates and renewals shall be sent to: <br />Santa Ana Police Department <br />Homeland Security Division <br />60 Civic Center Plaza <br />Santa Ana, CA 92702 <br />e. If Siemens fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such tennination shall not effect Siemens's right to be paid for its <br />time and materials expended prior to notification of termination. Siemens waives the tight to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />Siemens agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including death, and claims for property darnage, which may arise from the <br />negligence or willful misconduct of Siemens or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims <br />25G -5 <br />