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1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />2i <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />27 <br /> <br />28 <br /> <br />29 <br /> <br />30 <br /> <br />31 <br /> <br />32 <br /> <br />33 <br /> <br />34 <br /> <br />35 <br /> <br />36 <br /> <br />37 <br /> <br /> I. ALTERATION OF TERMS <br /> <br /> This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, fully <br />expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement, <br />and shall constitute the total Agreement between the parties for these purposes. No addition to, or <br />alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in <br />writing and formally approved and executed by both parties. <br /> <br /> II. INDEMNIFICATION <br /> <br /> A. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or <br />liability occurring by reason of anything done or omitted to be done by CITY under or in connection <br />with any work, authority or jurisdiction delegated to CiTY under this Agreement. It is also understood <br />and agreed to that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and <br />!hold COUNTY harmless from any liability imposed for injury (as defined in Government Code <br />I Section 8 i0.8), including attomeys fees and costs, occurring by reason of anything done or omitted to be <br />done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under <br />this Agreement. <br /> <br /> B. Neither CITY nor any officer or employee thereof shall be responsible for any damage or <br /> liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection <br /> with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also <br /> understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend, <br /> indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government <br /> Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted <br /> to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to <br /> <br /> .'OUNTY under this Agreement. <br /> <br /> III. NOTICES <br /> A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements <br /> athorized or required by this Agreement shall be effective: <br /> <br /> 1. When written and deposited in the United States mail, first class postage prepaid and <br />addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR; or <br /> 2. When faxed, transmission confirmed; <br /> 3. When sent by electronic mail; or <br /> <br /> 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel <br />Service, or other expedited delivery service. <br /> <br /> B. Termination Notices shall he addressed as specified on Page 3 of this Agreement or otherwise <br />directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or when <br />// <br /> <br /> 4 of 7 <br />X:\CONTRACT MAil. Santa Ana City-03~04-HH,doc 07/25/03 SANXXKK04 <br /> <br /> <br />