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20 01 04 13 as respects the City of Santa Ana, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by <br />the City of Santa Ana, its officers, officials, employees, or volunteers shall <br />be excess of the Attorney's insurance and shall not contribute with it. <br />iii. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day <br />prior written notice of cancellation in a form approved by the City. <br />d. Waiver of Subrogation- Attorneys hereby grants to City of Santa Ana a waiver of <br />any right to subrogation, which any insurer of said Investigators may acquire <br />against the Entity by virtue of the payment of any loss under such insurance. <br />Attorneys agrees to obtain any endorsement that may be necessary to affect this <br />waiver of subrogation, but this provision applies regardless of whether or not the <br />Entity has received a waiver of subrogation endorsement from the insurer, <br />C. If Attorneys fail or refuse to produce and maintain the insurance required by this <br />section, or fail or refuse to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Attorney's right to be paid for its time and materials expended prior to notification <br />of termination. <br />INDEMNIFICATION <br />Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, and representatives from liability for personal injury, malpractice, damages, <br />restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful <br />performance or conduct related to this Agreement. <br />8. CONFIDENTIALITY <br />All information and documents shared with Attorneys, as well as all work performed by <br />Attorneys in connection with this Agreement, should be treated as strictly confidential. Moreover, <br />all commutvcations between Attorneys and City shall be treated as protected by the attorney -client <br />privilege and the attorney work product doctrine. Accordingly, information received by Attorneys <br />from City should be kept in a secure place, and no information about this work may be disclosed <br />to any third party without City's prior written approval. Attorneys shall provide materials directly <br />to the City Attorney, or selected members of his/tier office, as directed by the City Attorney. All <br />such information and any written product in connection with Attorneys' retention under this <br />Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK <br />PRODUCT" and shall be the property of the City, and shall be returned/provided to the City with <br />all copies upon the request of the City Attorney. Confidential information disclosed to either party <br />by any subsidiary and/or agent of the other patty is covered by this Agreement. The foregoing <br />obligations of non-use and nondisclosure shall not apply to any information that (a) has been <br />disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a <br />publicly available source; (c) is in rightful possession of the Attorneys without an obligation of <br />