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II. INDEMNIFICATION <br />Each party agrees to indemnify and hold harmless the other party, its officers, <br />agents, and employees from all liability, claims, losses and demands, including defense <br />costs, whether resulting from court action or otherwise, arising out of the acts or <br />omissions of the indemnifying party, its officers, agents or employees or the condition of <br />property used in the performance of this Agreement. <br />III. NOTICES <br />All notices, statements, demands, requests, consents, approvals, authorizations, <br />appointments, or designations hereunder by either party to the other shall be in writing and <br />shall be deemed given and served upon the other party, if delivered personally or three (3) <br />days after depositing in the United States mail, postage prepaid, addressed as follows: <br />If to CITY: <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: Clerk of the Council <br />And <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: City Attorney <br />If to Southwest: <br />1103 North Broadway <br />Santa Ana, CA 92701 <br />Attn: Project Manager <br />A party may change its address by giving notice in writing to the other party. <br />Thereafter, any notice, tender, demand, delivery, or other communication shall be <br />addressed and transmitted to the new address. If sent by mail, any notice, tender, <br />demand, delivery, or other communication shall be effective or deemed to have been <br />given three (3) days after it has been deposited in the United States mail, duly registered <br />or certified, with postage prepaid, and addressed as set forth above. If sent by <br />telefacsimile, any notice, tender, demand, delivery, or other communication shall be <br />effective or deemed to have been given twenty-four (24) hours after the time set forth on <br />the transmission report issued by the transmitting facsimile machine, addressed as set <br />Page 3 of 5 <br />