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Parties") from and against any and all liability, Joss, expense, attorneys' fees, or claims for injury <br />or damages arising out of the performance of this Agreement except for such liabilities resulting <br />from the sole and exclusive active negligence or willful misconduct of the Indemnified Parties. <br />(B) Per Section D.23 of Exhibit D of the Grant Agreement, to the extent Sub-Grantee relies on <br />insurance coverage for, or requires its contractors or consultants to carry insurance for, the Work, <br />Sub-Grantee will require that SA WP A and the State be named as additional insureds on the <br />applicable liability policies for activities funded in whole or in part per this Contract. <br />SECTION 26. OPINIONS AND DETERMINATIONS <br />Where the terms of this contract provide for action to be based upon the opinion, judgment, approval, review, <br />or determination of either party hereto, such terms are not intended to be and shall never be construed as <br />permitting such opinion, judgment, approval, review, or determination to be arbitrary and capricious. <br />lt'J WITNESS THEREOF. the parties have executed this Contract on the later date set forth below. <br />Dated: <br />Dated: ?cJ <br />APPROVED AS TO FORM <br />Sonia R. Carvalho <br />City Attorney <br />Assistant City Attorney <br />Santa Ana Watershed Project Authority <br />SANTA ANA WATERSHED PROJECT <br />AUTJ!; w <br />Richard E. Haller, P.E., General Manager <br />CITY OF SANTA ANA <br />By: <br />ATTEST <br /> J Daisy Gomez J1 Clerk of Council <br />Page 8 of 8 <br />City Council 41 –10 6/21/2022