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form, and amount to provide adequate protection. City's requirement shall be reasonable, <br />but shall be designed to assure protection from and against the kind and extent of the <br />risks, which exist at the time a change in insurance is required. <br />City shall notify Operator in writing of changes in the insurance requirements, and if <br />Operator does not deposit copies of acceptable insurance policies with City incorporating <br />such changes within sixty days (60) of receipt of such notice, Operator shall be in default <br />without further notice to Operator, and City shall be entitled to exercise all legal <br />remedies. <br />The procuring of such required policy or policies of insurance should not be construed to <br />limit Operator's liability hereunder or to fulfill the indemnification provisions and <br />requirements of this Agreement. <br />9. INDEMNIFICATION <br />The Operator shall indemnify and hold the City of Santa Ana, its officers, employees and <br />agents harmless from and against: <br />(a) Any and all liability, penalties, losses, damages, costs and expenses, demands, causes <br />of action, claims or judgments arising from or growing out of any injury to any person or <br />persons, or any damage to any property as a result of any accident or other occurrence <br />during the term of this Agreement occasioned by any act or omission of the Operator, its <br />officers, employees, agents, servants, subtenants, concessionaires, licensees, contractors, <br />invitees or permittees, or arising from or growing out of the use, maintenance, or <br />operation of the Premises during the term of this Agreement. <br />(b) From and against all legal costs and charges, including reasonable attorney's fees, <br />incurred with respect to any of such matters and the defense of any action out of the <br />same, or in discharging the Premises or any part thereof from any and all liens, charges or <br />judgments which may accrue or be placed thereon by reason of any act or omission of the <br />Operator. <br />(c) The Operator shall further indemnify and hold harmless the City from any loss of <br />Gross Revenue due to dishonesty, theft, or negligence of any officer, agent, or employee <br />of the Operator. The Operator may protect itself from such liability for such fidelity <br />losses through higher fidelity bonding of its officers, agents, or employees than is <br />required by this Section. but failure to do so shall in no way relieve the Operator from its <br />obligation to indemnify the City of any such losses. <br />10. PUBLIC PARKING RATES <br />A. Parking Rates. The City shall determine parking rates. The <br />implementation of any parking rate adjustment shall be the responsibility of the Operator. <br />As part of such implementation, the Operator shall be responsible for replacement of all <br />parking rate signs in accordance with Section 11 ("Maintenance Obligations Of <br />Operator"), and for notifying the public of the new parking rates and their effective date. <br />Such public notice shall be given by posting notices conspicuously at each entrance and <br />25D-41