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B. Comprehensive General Liability Insurance shall contain the following clauses: <br />"The City of Santa Ana is added as an additional insured as respects <br />operations of the named -insured performed under AGREEMENT with the <br />City of Santa Ana." <br />2. "It is agreed that any insurance maintained by the City of Santa Ana shall <br />apply in excess and not contribute with, insurance provided by this policy." <br />C. If MASK SYSTEMS fails or refuses to procure or maintain the insurance <br />required by this paragraph or fails -or refuses to furnish the CITY with required <br />proof that insurance has been procured and is in force and paid for, the CITY <br />shall have the right, at the CITY's election, to forthwith terminate this <br />AGREEMENT. <br />6. INDEMNIFICATION <br />A. CITY and MASK SYSTEMS waive any and all right of recovery from each <br />other for property damage or loss of use thereof, howsoever occurring. This <br />waiver shall include but not be limited to, losses covered by policies of fire, <br />extended coverage, boiler explosion and sprinkler leakage. This waiver shall <br />not apply to claims for personal injury or death. <br />B. MASK SYSTEMS shall indemnify, defend and save CITY harmless from and <br />against any and. all claims for damages, including bodily injury and property <br />damage, arising out of MASK SYSTEM's performance of this AGREEMENT <br />which constitutes negligence or willful misconduct. <br />C. Neither party hereto may assert against the other party any claim in <br />connection with this AGREEMENT unless the asserting party has given the <br />other party written notice of the claim within one (1) year after the asserting - <br />party first knew or should have known of the facts giving rise to such claim. <br />7. PERSONNEL <br />A. Employees of MASK SYSTEMS will be subject to the CITY's Rules, <br />Regulations and Guidelines at all times while on CITY premises. <br />B. On -site Field Engineer(s) of MASK SYSTEMS are subject to background <br />investigation by the Santa Ana Police Department. In its sole discretion, CITY <br />may reject any employee MASK SYSTEMS wishes to assign to on -site status. <br />S. . TERMINATION OF AGREEMENT <br />CITY and MASK SYSTEMS each have the right to terminate the AGREEMENT, <br />without cause, with thirty (30) days written notice to the other party. Notice is deemed <br />Page 5 of 8 <br />