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C
<br />CITY OF SANTA ANA
<br />REQUEST FOR PROPOSALS
<br />FOR
<br />DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT
<br />RFP NO. 14 -069
<br />8. INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
<br />City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any
<br />and all claims (including, without limitation, claims for bodily injury, death or damage to property),
<br />demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
<br />liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
<br />costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may
<br />arise from or in any manner related (directly or indirectly) to any work performed or services provided
<br />under this Agreement (including, without limitation, defects in workmanship and /or materials) or
<br />Consultant's presence or activities conducted performing the work (including the negligent and /or
<br />willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
<br />suppliers, consultants, sub - consultants, anyone employed directly or indirectly by any of them or for
<br />whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
<br />shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
<br />from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
<br />all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
<br />not act as a limitation upon the amount of indemnification to be provided by the Consultant.
<br />9. LAWS AND REGULATIONS
<br />Consultant shall keep itself fully informed of and in compliance with all local, state and federal
<br />laws, rules and regulations in any manner affecting the performance of the Project or the services and
<br />shall give all notices required by law. Consultant shall be liable for all violations of such laws and
<br />regulations in connection with services. If the Consultant performs any work knowing it to be contrary
<br />to such laws, rules and regulations and without giving written notice to the City, Consultant shall be
<br />solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its
<br />officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
<br />provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to
<br />comply with such laws, rules or regulations.
<br />10. CONFIDENTIALITY
<br />If Consultant receives from the City information which due to the nature of such information is
<br />reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
<br />disclose such information except in the performance of this Agreement, and further agrees to exercise
<br />the same degree of care it uses to protect its own information of like importance, but in no event less
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