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from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Artist, its employees, agents or officers, or any third party. The Artist's duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees.

    • 5.2

      Insurance.

    • 4.3

      related to insurance.

The provisions of this article are not limited by the requirements of Section

5.3

Enforcement Costs. The Artist agrees to pay any and all costs the City incurs

enforcing the indemnity and defense provisions set forth in this article.

ARTICLE VI MISCELLANEOUS

6.1

Headings. All article headings are for convenience only and shall not affect the

interpretation of this Agreement.

6.2

Independent Consultants. The Artist and any Sub-consultants employed by the Artist

shall be independent consultants and not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Artist concerning the details of performing the Scope of Services, or to exercise any control over such performance, shall mean only that the Artist shall follow the direction of the City concerning the end results of the performance.

6.3

Jurisdiction and Venue. The venue for any suit or proceeding concerning this

Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the

County of San Diego, State of California.

6.4

Conflicts Between Terms. If an apparent conflict or inconsistency exists between the

main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are

not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this

Agreement.

6.5

Notices. In all cases where written notice is required under this Agreement, service

shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed to in writing, notice to the City shall be addressed to: (NAME, ADDRESS, MS #, PHONE AND EMAIL ADDRESS OF CITY CONTACT FOR THIS AGREEMENT);

and notice to the Artist shall be addressed to: (NAME, ADDRESS, PHONE AND EMAIL ADDRESS OF ARTIST CONTACT FOR THIS AGREEMENT).

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 18 of 38

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