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<br />appointed officials, officers, and employees from and against any and all
<br />liability, expense, including defense costs and legal fees, and claims for
<br />damages of any nature whatsoever, including, but not limited to, bodily injury,
<br />personal injury, death or property damage, arising from or connected with
<br />SANTA ANA's obligations under this Agreement, including any Worker's
<br />Compensation suits, liability, or expense, arising from or connected with
<br />services performed on behalf of SANTA ANA by any person pursuant to this
<br />Agreement, whether such claims, damages, liabilities, costs and/or judgments
<br />are based upon alleged negligence, a dangerous condition of public property,
<br />or any other theory ofliability. SANTA ANA'S duty to indemnify RSCCD
<br />shall survive the expiration or other termination of this Agreement as to any
<br />injuries, occurrences or claims occurring or alleged to have occurred prior to
<br />its expiration or termination.
<br />
<br />b) Indemnification by RSCCD: RSCCD hereby agrees to defend, indemnify,
<br />and hold free and harmless SANTA ANA and SANTA ANA's elected and
<br />appointed officials, officers, and employees from and against any and all
<br />liability, expense, including defense costs and legal fees, and claims for
<br />damages of any nature whatsoever, including, but not limited to, bodily injury,
<br />personal injury, death or property damage, arising from or connected with
<br />RSCCD'S obligations under this Agreement, including any Worker's
<br />Compensation suits, liability, or expense, arising from or connected with
<br />services performed on behalf of RSCCD by any person pursuant to this
<br />Agreement, whether such claims, damages, liabilities, costs and/or judgments
<br />are based upon alleged negligence, a dangerous condition of public property,
<br />or any other theory of liability. RSCCD's duty to indemnify SANTA ANA
<br />shall survive the expiration or other termination of this Agreement as to any
<br />injuries, occurrences or claims occurring or alleged to have occurred prior to
<br />its expiration or termination.
<br />
<br />6. SANTA ANA shall have sole ownership of the Signal and sole responsibility for
<br />operation, maintenance and repair of the Signal.
<br />
<br />7. Pursuant to Section 8546.7 ofthe California Government Code, in the event that this
<br />Agreement involves expenditures of State funds aggregating in excess ofTen
<br />Thousand Dollars ($10,000), both parties shall be subject to the examination and
<br />audit of the Auditor General of the State of California for a period of three (3) years
<br />after final payment under this Agreement.
<br />
<br />8. Notices. Any notice, tender, demand, delivery, or other communication pursuant to
<br />this Agreement shall be in writing and shall be deemed to be properly given if
<br />delivered in person or mailed by first class or certified mail, postage prepaid, or sent
<br />by telefacsimile or other telegraphic communication in the manner provided in this
<br />Section, to the following persons:
<br />
<br />RCT signal
<br />DO-07-016
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