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<br />..... <br /> <br />""" <br /> <br />070102 <br /> <br />VIII. ASSIGNABILITY <br /> <br />None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement <br />shall be subcontracted or assigned to any agency, consultant, or person without the prior written <br />consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate <br />to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal <br />obligations of SUB RECIPIENT pursuant to this Agreement. <br /> <br />IX. HOLD HARMLESS <br /> <br />SUBRECIPIENT shall indenmify, defend and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all damages to or for loss of use of <br />property and for injuries to or death of any person or persons, including property and employees or <br />agents of CITY, and shall defend, indenmify and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all claims, demands, suits, actions <br />or proceedings of any kind or nature, including, but not by way of limitation, workers compensation <br />claims and including attorney fees and reasonable expenses for litigation or settlement, resulting <br />from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its <br />officers, directors, employees, agents, subcontractors and suppliers arising out of <br />SUBRECIPIENT's performance of this Agreement. <br /> <br />X. INSURANCE <br /> <br />A. In accordance with the provisions of Section 3300 of the Labor Code, if <br />SUBRECIPIENT has any employees it is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing performance of this <br />Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with <br />limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor <br />workers' compensation coverage, it must execute a Declaration available from the CITY, and <br />update as is necessary. <br /> <br />B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial <br />general liability insurance, or equivalent form, with a combined single limit of not less than <br />$1,000,000 per occurrence. <br /> <br />Such insurance shall: (I) name the City of Santa Ana, its officers, agents, <br />representatives, employees and volunteers as additional insureds; (2) be primary with respect to <br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of <br />insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit <br />instituted arising out of SUB RECIPIENT's operations hereunder. <br /> <br />10 <br />