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The Provider further agrees to indemnity, bold barniless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City triay make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. IAVE SCAN BACKGROUND CHECK Providers, and any employees or substitutes, in contact with miners under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department. of Justice as a. condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and -hall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Axis 20 Civic Center Plaza (M-30) P.O. Box 1.988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 With copy to: Executive Director of Parks, Reereation and Coinrnunhty Services City of Santa Aria 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4211 TO Provider: for flernaridez or o