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Kerwin Deese, <br />Vice President <br />JPMORGAN CHASE BANK, N.A. <br />3 Park Plaza, Floor 09 <br />Irvine, CA 92614 <br />Phone: (949) 833 -4061 <br />Email: kerwin.p.deese(Qipmoroan.com <br />For the convenience of the CITY, a short list of helpful contacts is attached and incorporated <br />herein as EXHIBIT C. <br />Representative or designees: City of Santa Ana's Primary Representative /Project Manager shall be: <br />Willard Holt <br />Treasury and Customer Services Manager <br />20 Civic Center Plaza, Room 1105 <br />Santa Ana, CA 92701 <br />Phone: (714) 647 -5456 <br />Email: who lt(asanta- ana.org <br />3 -6. Coordination Of Work: The Contract Officer shall be the person designated herein by CITY <br />as Primary Representative /Project Manager. It shall be the BANKING SERVICE PROVIDER's <br />responsibility to assure that the Contract Officer is kept informed of the progress of the <br />performance of the services and the CONSULTANT shall refer any decisions which must be <br />made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY <br />required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall <br />have authority to sign all documents on behalf of the CITY required hereunder to carry out the <br />terms of this Agreement. <br />3 -7. Indemnity: BANKING SERVICES PROVIDER shall indemnify, defend, and hold harmless <br />the CITY, its officers, agents, and employees, from and against any and all claims, liabilities, <br />and losses whatsoever (including damages to property and injuries to or death of persons, <br />court costs, and reasonable attorneys' fees) to extent caused by BANKING SERVICES <br />PROVIDER'S negligent or unlawful performance of its obligations under or breach of the terms <br />of this Agreement. For purposes of this Section 3 -7 "performance" includes action or inaction of <br />BANKING SERVICES PROVIDER and /or officers, employees, agents and subcontractors. <br />3 -8. Limitation of Liability: In no event shall BANKING SERVICES PROVIDER, its <br />employees, contractors, directors, affiliates and /or agents be liable for any special, incidental, <br />p u n i t i v e, or consequential damages, such as, but not limited to, delay, lost data, <br />disruption, and loss of anticipated profits or revenue arising from or related to the services, <br />whether liability is asserted in contract or tort, and whether or not BANKING SERVICES <br />PROVIDER has been advised of the possibility of any such loss or damage. In addition, <br />BANKING SERVICES PROVIDER' total liability hereunder, including reasonable attorneys' fees <br />and costs, shall in no event exceed an amount equal to the fees described in EXHIBIT B and /or <br />B -1, as applicable. The foregoing sets forth the CITY's exclusive remedy for claims arising from <br />or out of this Agreement. The provisions of this section allocate the risks between BANKING <br />SERVICES PROVIDER and the CITY and BANKING SERVICES PROVIDER's pricing reflects the <br />allocation of risk and limitation of liability specified herein. <br />3 -9. Insurance: BANKING SERVICES PROVIDER shall keep in full force and effect <br />insurance coverage during the term of this Agreement, including without limitation statutory <br />workers' compensation insurance; employer's liability and commercial general liability insurance <br />(CGL); comprehensive automobile liability insurance; banker's professional liability and <br />559 -14 <br />