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from strict liability, or violation of any local, state, or federal law or regulation, attorney's fees, <br />disbursements, and other response costs incurred as a result of such releases or spills are <br />expressly within the scope of this indemnity. <br />13.3 Applicant shall, on SCE's request, defend any action, claim or suit asserting a claim that <br />may be covered by this indemnity. Applicant shall pay all costs and expenses that may be <br />incurred by SCE in enforcing this indemnity, including reasonable attorney's fees. This <br />indemnity shall survive the termination of this Agreement for any reason. <br />13.4 If this Agreement is assigned pursuant to Section 10.0, Applicant agrees that this <br />indemnification shall continue to apply to SCE and shall apply to the assignee. <br />14.0 LIMITATION OF LIABILITY SCE shall not be liable for any special, incidental, indirect, or <br />consequential damages, including without limitation, loss of profits or commitments to subcontractors, <br />and any special, incidental, indirect or consequential damages incurred by Applicant. <br />15.0 WRITTEN NOTICE Any written notice, demand or request required or authorized in <br />connection with this Agreement shall be deemed properly given if delivered In person or sent by <br />facsimile, email, nationally recognized overnight courier, or first class mail, postage prepaid; to the <br />address specified below, or to another address specified in writing by SCE. <br />SCE <br />SCE Offer Manager: <br />Address: <br />City, State, Zip: <br />Fax #: <br />Email: <br />Phone: <br />James Hodge <br />PO Box 800 <br />Rosemead, CA 91770 <br />(626) 302 -6126 <br />JAMES.HODGE @SCE.COM <br />APPLICANT (CUSTOMER OR AUTHORIZED REPRESENTATIVE) <br />Name: <br />Company: <br />Address: <br />City, State, Zip: <br />Fax #: <br />Email: <br />Phone: <br />Kurt Wiemann <br />City of Santa Ana <br />20 Civic Center Plaza M -21 <br />Santa Ana, CA 92702 <br />Kwiemann @santa - ana.org <br />714- 647 -5639 <br />Notices shall be deemed received: (a) If personally or hand - delivered, upon the date of delivery to the <br />address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business <br />Day following personal delivery; (b) if mailed, three Business Days after the date the notice is <br />postmarked; (c) if by facsimile or email, upon electronic confirmation of transmission, followed by <br />telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the <br />Business Day following delivery to the overnight courier within the time limits set by that courier for <br />next -day delivery. <br />16.0 CONFLICTS BETWEEN TERMS Should a conflict exist between the main body of this <br />Agreement and the documents incorporated by reference, the main body of this Agreement shall <br />CUSTOMIZED SOLUTIONS CONTRACT - LOCAL GOVERNMENT AND INSTITUTIONAL PARTNERSHIP 6 OF 7 <br />