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<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 />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />AGREEMENT NO. C-4-0855 <br /> <br />1 <br /> <br />construction issues involving CITY streets and right of way and PROJECT landscape and <br /> <br />2 <br /> <br />hardscape treatments. <br /> <br />3 <br /> <br />4. <br /> <br />IT IS MUTUALLY UNDERSTOOD AND AGREED <br /> <br />4 <br /> <br />Both parties agree to the following mutual responsibilities and understandings regarding <br /> <br />5 <br /> <br />PROJECT. <br /> <br />6 <br /> <br />A. That if PROJECT is not awarded, this Agreement is null and void. <br /> <br />7 <br /> <br />B. AUTHORITY and CITY shall comply with all applicable regulations, policies and procedures <br /> <br />8 <br /> <br />for the PROJECT. <br /> <br />9 <br /> <br />C. Neither AUTHORITY nor any officer or employee thereof shall be responsible for any <br /> <br />damage or liability occurring because of anything done or omitted to be done by CITY under or in <br /> <br />connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also <br /> <br />understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, <br /> <br />defend, and hold AUTHORITY, its officers, employees and agents harmless from any liability imposed <br /> <br />for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or <br /> <br />omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to <br /> <br />CITY under this Agreement. <br /> <br />D. No CITY officer or employee thereof shall be responsible for any damage or liability <br /> <br />occurring because of anything done or omitted to be done by AUTHORITY under or in connection with <br /> <br />any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and <br /> <br />agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify, defend, <br /> <br />and hold CITY, its officers, employees and agents harmless from any liability imposed for injury (as <br /> <br />defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be <br /> <br />done by AUTHORITY or in connection with any work, authority or jurisdiction not delegated to CITY <br /> <br />under this Agreement. <br /> <br />/ <br /> <br />ER:CF <br />l:\CAMM\ClERICALIClERICAL\WORDPROC\AGREE\AG40855.DOC <br /> <br />Page 5 of 7 <br />