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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br /> III <br />25 <br /> III <br />26 <br /> III <br /> <br />Agreement No. D03-046 <br /> <br />4. It is Mutually Understood that: <br /> <br />Should City not be able to acquire right-of-way from Southern California Edison Company for <br />construction ofthe storm drain in the time frame to be specified in the Special Provisions for the <br />Project, County may at its own discretion delete construction of the storm drain improvements <br />from the Project and nothing herein shall be construed as obligating the County to expend or as <br />involving the County in any contract or other obligation for future payment or action. <br /> <br />5. General Provisions <br /> <br />a) That neither County nor any officer or employee thereof shall be responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by City <br />under or in connection with any work, authority or jurisdiction delegated to City under <br />this Agreement. It is also understood and agreed that, pursuant to Government Code <br />Section 895.4, City shall fully indemnify, defend and hold County harmless from any <br />liability imposed for injury, as defined by Government Code Section 810.8, including <br />attorneys fees and costs, occurring by reason of anything done or omitted to be done <br />by County under or in connection with any work, authority or jurisdiction delegated to <br />City under the Agreement. <br /> <br />b) That neither City nor any officer or employee thereof shall be responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by <br />County under or in connection with any work, authority or jurisdiction delegated to <br />County under this Agreement. It is also understood and agreed that, pursuant to <br />Government Code Section 895.4, County shall fully indemnify, defend and hold City <br />harmless from any liability imposed for injury, as defined by Government Code <br />Section 810.8, including attorneys fees and costs, occurring by reason of anything <br />done or omitted to be done by City under or in connection with any work, authority or <br />jurisdiction delegated to County under this Agreement. <br /> <br />4 <br />