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upon such condition of public work or property, or alleged illegality or <br />unconstitutionality of -a municipal ordinance, or alleged acts or omissions. <br />B. Agency shall indemnify and hold City, its officers, Agents, <br />employees and independent contractors free and harmless from any claim or liability <br />whatsoever, based or asserted upon any act or omission of Agency, its officers, agents, <br />employees, subcontractors or independent contractors related to this Agreement, for <br />property damage, bodily injury or death or any other element of damage of any kind or <br />nature and Agency shall defend at its expense, including attorneys fees, City, its officers, <br />agents, employees and independent contractors in any legal action of any kind based <br />upon such alleged acts or omissions. <br />ALTERATION OF ERRORS <br />This Agreement fully expresses all understanding of City and Agency with <br />respect to the subject matter of this Agreement, and shall constitute the total agreement <br />between the parties for these purposes. No addition to, or alteration of, the terms of this <br />Agreement shall be valid unless made in writing, formally approved and executed by <br />duly authorized agents of both parties. <br />IN WITNESS 'WHEREOF, the parties have executed this Agreement in the <br />County of Orange, State of California. -` <br />David Cavaao " Jj <br />CITY OF HUNTINGTON BEACH City Manager <br />City of Santa Ana <br />By: Dated: 'S 1 t 4/l y <br />Police Chief <br />APPROVED AS TO FORM: <br />�\ �lie, I <br />City Attorney N'D <br />AGENIy�f�(�F A AN�,,..— �-°�`- <br />By CC Dated: <br />APPROVED AS TO FORM: <br />By' W <br />of City Attor Eet <br />14- 4174/107070 �-�aAnR .�,. `�(/ 3 <br />MARIA D, HUIZAR <br />OF THE COUNCIL, <br />y'4)f ell �' <br />Dated: <br />