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20 Civic Center Plaza <br /> P.O.Box 1988 <br /> Santa Ana,California 92702-1988 <br /> TO SUBRECIPIENT: America on Track <br /> 600 W. Santa Ana Blvd., Suite 710 <br /> Santa Ana,CA 92701 <br /> VIII. ASSIGNABILITY <br /> None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be <br /> subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. <br /> SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. <br /> No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to <br /> this Agreement. <br /> IX. HOLD HARMLESS <br /> SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, <br /> representatives and volunteers from and against any and all damages to or for loss of use of property and for <br /> injuries to or death of any person or persons, including property and employees or agents of CITY, and shall <br /> defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers <br /> from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, <br /> but not by way of limitation, workers compensation claims and including attorney fees and reasonable <br /> expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or <br /> omissions of SUBRECIPIENT,its officers, directors, employees, agents, subcontractors and suppliers arising <br /> out of SUBRECIPIENT's performance of this Agreement. <br /> X. INSURANCE <br /> 1. Commercial General„Liability. SUBRECIPIENT agrees to obtain and keep in force <br /> during the term of this Agreement a policy of comprehensive commercial public liability insurance <br /> insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of <br /> or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million <br /> Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or <br /> occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at <br /> least thirty(30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and <br /> volunteers, additional insured; and state that such coverage is primary to any other coverage or self- <br /> insurance and CITY. Governmental entities may provide proof of self-insurance. <br /> (a) Such insurance shall: (1) 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 (d) give to CITY prompt and timely notice of claim made or suit instituted <br /> arising out of SUBRECIPIENT's operations hereunder. <br /> (b) SUBRECIPIENT shall: (1) prior to exercising any right under this <br /> Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the <br /> CITY which shall clearly evidence all coverages required above; (2)provide that such insurance shall not <br /> be materially changed or terminated except on 30 days prior written notice to the CITY; (3)maintain such <br /> li <br />