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OCFA shall require and verify that all sub-contractors maintain insurance <br /> meeting all the requirements stated herein, and OCFA shall ensure that City <br /> is an additional insured on insurance required from sub-contractors. <br /> Special Risks or Circumstances <br /> City reserves the right to modify these requirements, including limits, based on the <br /> nature of the risk, prior experience, insurer, coverage, or other special <br /> circumstances. <br /> 5. indemnification/insurance. <br /> A. Each party shall indemnify and save harmless the other party, and its officers, <br /> agents and employees from any and all losses, liability, damages, claims, suits, <br /> actions and administrative proceedings, and demands relating to acts or <br /> omissions of the indemnitor, Its officers, agents or employees arising out of or <br /> incidental to the performance of any of the provisions of this Agreement. <br /> Neither party assumes liability for the acts or omissions of persons other than <br /> each party's respective officers, agents or employees. In the event judgement <br /> is entered against both parties because of joint or concurrent negligence of <br /> both parties, or their officers, agents or employees, arising out of the <br /> performance of this Agreement, an apportionment of liability to pay such <br /> judgment shall be made by a court of competent jurisdiction and neither party <br /> shall be entitled to a jury apportionment. <br /> B. City shall not be responsible for damages for loss of use or incidental, special <br /> or consequential damages arising out of or in connection with services provided <br /> by City pursuant to this Agreement. <br /> C. Each Party shall maintain adequate levels of insurance/self-insurance to <br /> assure full indemnification of the other Party, and no less than the insurance as <br /> required in section 4 of this Agreement. <br /> D. Each Party shall provide certificates of insurance naming the other Party as <br /> Additional Insureds. Each Party shall cover their own respective employees <br /> with Workers' Compensation insurance, along with a waiver of subrogation. <br /> 6. Notice. Any notice, demand, request, consent, approval, or communication either <br /> Party desires or is required to give to the other Party or any other person shall be in writing <br /> and either served personally or sent by pre-paid, first-class mail to the address set forth <br /> below. Notice shall be deemed communicated forty-eight (48) hours from the time of <br /> mailing if mailed as provided in this Section. <br /> Notices to be delivered to OCFA shall be directed to: <br /> Orange County Fire Authority <br /> Attn: Purchasing Division Manager <br /> 1 Fire Authority Road <br /> Page 4 of 7 <br />