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<br />5/05
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<br />IX. HOLD HARMLESS
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<br />SUBRECIPIENT shall indemnify, 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, indemnify 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.
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<br />X. INSURANCE
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<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 SUB RECIPIENT has no employees, nor
<br />workers' compensation coverage, it must execute a Declaration available from the CITY, and
<br />update as is necessary,
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<br />B, SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a
<br />policy or policies of commercial general liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence.
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<br />Such insurance shall: (I) name the City of Santa Ana, its officers, agents,
<br />representatives, employees and volunteers as additional insured's; (2) be primary with respect to
<br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
<br />insured's 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.
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<br />SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
<br />furnish properly executed certificates of insurance and additional insured endorsement to the
<br />CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
<br />shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
<br />(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
<br />certificates for policies expiring prior to the expiration of this Agreement.
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<br />XI. REVERSION OF ASSETS
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<br />A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
<br />CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
<br />receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).]
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