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GRANTEE did not meet the eligibility requirements at the time it submitted its <br />Grant Application, all of the Grant Funding shall be immediately repaid to the <br />CITY by GRANTEE. <br />2. General Provisions <br />A. Notices, Demands, and Communications between the Parties: Formal <br />notices, demands, and communications between the Parties shall be given <br />by (i) personal service; (ii) reputable document delivery service, such as <br />Federal Express, with a receipt showing date and time of delivery; or (iii) <br />certified or first-class United States mail, postage prepaid, with a receipt <br />showing date and time ofdelivery: <br />TO CITY: CITY OF SANTA ANA <br />20 Civic Center Plaza M-25 <br />Santa Ana, Ca 92701 <br />Attn: Marc Morley <br />Economic Development Manager <br />TO GRANTEE: HERITAGE MUSEUM OF ORANGE COUNTY <br />3101 W Harvard Street <br />Santa Ana, CA 92704 <br />Attn: Jamie Hiber, Executive Director <br />Written notices, demands, and communications shall be sent in the same <br />manner to other addresses that any Party designates in writing. <br />B. Indemnification/Hold Harmless. GRANTEE shall indemnify, defend and save <br />harmless CITY, its officers, employees, agents, representatives and volunteers <br />from and against any and all damages to or for loss of use of property and for <br />injuries to or death of any person or persons, including property and employees <br />or agents of CITY, and shall defend, indemnify and save harmless CITY, its <br />officers, employees, agents, representatives and volunteers from and against any <br />and all claims, demands, suits, actions or proceedings of any kind or nature, <br />including, but not by way of limitation, workers compensation claims and <br />including attorney fees and reasonable expenses for litigation or settlement, <br />resulting from or arising out of the negligent or wrongful acts, errors or <br />omissions of GRANTEE, its officers, directors, employees, agents, <br />subcontractors and suppliers arising out of GRANTEE performance of this <br />Agreement. <br />C. Insurance: <br />(i) Commercial General Liability. GRANTEE agrees to obtain and keep in <br />force during the term of this Agreement a policy of comprehensive <br />commercial public liability insurance insuring the CITY, and GRANTEE <br />against any liability for accident, injury or death arising out of or in <br />consequence of this Agreement. Such insurance shall be in an amount not <br />less than One Million Dollars ($1,000,000.00) for any injury to or death of <br />any person or persons in any single accident or occurrence. Said policy of <br />3 <br />