OPA: Grimshaw House - City of Anaheim

applicable clauses referenced above. Such endorsements shall be signed by an authorized
representative of the insurance company and shall include the signator’s company
affiliation and title. Should it be deemed necessary by Agency, it shall be Brookfield’s
responsibility to see that Agency receives documentation, acceptable to Agency, which
sustains that the individual signing such endorsements is indeed authorized to do so by
the insurance company. Also, Agency has the right to demand, and to receive within a
reasonable time period, copies of any insurance policies required under this Agreement.
In addition to any other remedies Agency may have if Brookfield fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, Agency may, at its sole option, terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other
remedies Agency may have and is not the exclusive remedy for Brookfield’s failure to
maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Brookfield may be held responsible for payment of damages to persons or property
resulting from Brookfield’s or its subcontractor's performance under this Agreement.
2.2 Permits. Prior to commencing any activities under this Agreement, Brookfield
shall secure all permits needed to carry out the actions to be performed on the Site
pursuant to this Agreement.
Section 3. Intentionally Omitted.
Section 4. Liens. With regard to actions performed on the Site under this Agreement,
Brookfield shall not permit to be placed against the Site, or any part thereof, any design
professional's, mechanic's, materialmen's, contractor's, or subcontractor's liens (collectively,
"Liens"). Brookfield shall indemnify, defend and hold harmless Agency from all liability for any
and all liens, claims and demands, together with Costs of defense and reasonable attorneys' fees,
arising from any Liens. Agency reserves the right, at its sole cost and expense, at any time and
from time to time, to post and maintain on the Site, or any portion thereof, or on the
improvements on the Site, any notices of non-responsibility or other notice as may be desirable to
protect Agency against liability. In addition to, and not as a limitation of Agency's other rights
and remedies under this Agreement, should Brookfield fail, within ten (10) days of written
request from Agency, either to discharge any Lien or to bond for any Lien, or to defend,
indemnify, and hold harmless Agency from and against any loss, damage, injury, liability or
claim arising out of a Lien, then Agency, at its option, may elect to pay such Lien, or settle or
discharge such Lien and any action or judgment related thereto and all costs, expenses and
attorneys' fees incurred in doing so shall be paid to Agency by Brookfield upon written demand.
Section 5. Certain Definitions. For the purposes of this Agreement, the following terms
shall have the meanings herein specified:
"Environmental Law" means (i) Sections 25115, 25117, 25122.7 or 25140 of the
Attachment No. 5 - Page 3