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<br />City of Santa Ana <br />you, Gallagher, nor a mediator or arbitrator may disclose the existence, content or results of any Dispute or its dispute resolution proceeding <br />without the prior written consent of both you and Gallagher. <br />Electronic Delivery <br />In lieu of receiving documents in paper format, you agree, to the fullest extent permitted by law, to accept electronic delivery of any documents <br />that Gallagher may be required to deliver to you (including, but not limited to, insurance policies and endorsements, account statements and all <br />other agreements, forms and communications) in connection with services provided by Gallagher. Electronic delivery of a document to you may <br />be made via electronic mail or by other electronic means, including posting documents to a secure website. <br />Miscellaneous Terms <br />Gallagher is engaged to perform services as an independent contractor and not as your employee or agent, and Gallagher will not be operating <br />in a fiduciary capacity. <br />Where applicable, insurance coverage placements and other services may require the payment of federal excise taxes, surplus lines taxes, <br />stamping or other fees to the Internal Revenue Service, various State(s) departments of revenue, state regulators, boards or associations. In <br />such cases, you will be responsible for the payment of the taxes and/or fees, which Gallagher will separately identify on related invoices. <br />The Proposal and these Terms are governed by the laws of the State of Illinois, without regard to its conflict of law rules. <br />If an arbitrator/court of competent jurisdiction determines that any provision of these Terms is void or unenforceable, that provision will be <br />severed, and the arbitrator/court will replace it with a valid and enforceable provision that most closely approximates the original intent, and the <br />remainder of these Terms will remain in effect. <br />Except to the extent in conflict with a services agreement that you may enter into with Gallagher, these Terms and the remainder of the Proposal <br />constitute the entire agreement between you and Gallagher with respect to the subject matter of the Proposal, and supersede all prior <br />negotiations, agreements and understandings as to such matters. <br />41 <br />  <br />  <br />City Council 15 – 45 8/5/2025