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any specific reduction in or prevention of any criminal activity, or any other performance
<br />based outcome.
<br />6. INSURANCE
<br />City is self -insured for general liability, auto liability and worker's compensation
<br />insurance and shall provide proof of self-insurance in these areas up to $1 to Santa Ana for
<br />purposes of this Agreement. City agrees that its insurance will be primary and Santa Ana's
<br />insurance non-contributory in the event of an incident and/or injury involving one or more
<br />of City's officers.
<br />7. HOLD HARMLESS
<br />To the fullest extent permitted by law, City shall indemnify, defend and hold
<br />harmless Santa Ana, its City Council, boards and commissions, officers, agents,
<br />volunteers, employees, and any person or entity owning or otherwise in legal control of
<br />property not owned by Santa Ana upon which City uses as contemplated herein
<br />(collectively, the "Indemnified Parties") from and against any and all claims (including,
<br />without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
<br />liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
<br />and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
<br />"Claims"), which may arise from or in any manner relate (directly or indirectly) to any
<br />breach of the terms and conditions of this MOU, City's presence or activities conducted on
<br />Santa Ana facilities (including, but not limited to, the negligent and/or willful acts, errors
<br />and/or omissions of City , its principals, officers, agents, players, employees, vendors
<br />volunteers, suppliers, consultants, contractors, anyone employed directly or indirectly by
<br />or associated in any way with any of them or for whose acts they may be liable or any or
<br />all of them).
<br />Notwithstanding the foregoing, nothing herein shall be construed to require City to
<br />indemnify the Indemnified Parties from any Claim arising from the sole negligence or
<br />willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and
<br />liability regardless of whether any insurance policies are applicable. The policy limits do
<br />not act as a limitation upon the amount of indemnification to be provided by City .
<br />8. NOTICES
<br />All notices, demands, requests or approvals to be given under the terms of this MOU
<br />shall be given in writing, and conclusively shall be deemed served when delivered
<br />personally, or on the third business day after the deposit thereof in the United States mail,
<br />postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
<br />requests or approvals from Santa Ana to City shall be addressed to City at:
<br />Attn: Chief of Police
<br />City of Santa Ana Page 4
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