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Agreement No. D07-037 <br />Record Drawings, depicting the actual field constructed improvements. <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 />25 <br />26 <br />F. To indemnify, defend wish counsel approved in writing, and hold COUNTY, its <br />elected officials, officers, agents and employees harmless from claims, demands, or liability of any kind <br />nature, including but not limited to personal injury or property damage, and any and all legal costs a <br />attorneys' fees, arising in any manner out of the performance occurring by reason of anything done <br />omitted to be done by CITY under or in connection with any work or obligation performed under t <br />AGREEMENT. <br />ARTICLE 3. MUTUAL AGREEMENTS <br />It is mutually agreed by the parties hereto that: <br />A. This AGREEMENT contains the entire agreement between the parties with respect to <br />matters provided for herein. No alteration or variation of the terms of this AGREEMENT shall be v. <br />unless made in writing and signed by the parties hereto. Further, none of the parties to this AGREEME <br />shall be bound by any representations, warranties, promises, statements, or information unless expressly <br />forth herein.. <br />B. In the event COUNTY or CITY defaults in the performance of any of their obligations <br />this AGREEMENT or materially breaches any of the provisions of this AGREEMENT, CITY a <br />COUNTY shall have the option to terminate this AGREEMENT upon thirty (30) days' prior written not. <br />to the other Party. In the event CITY or COUNTY cures such default within such thirty (30) day perm <br />CITY and COUNTY'S election to terminate shall be deemed revoked and of no further force and effect <br />to that particular default. Additionally, after construction of the PROJECT is complete CITY a <br />COUNTY may terminate this AGREEMENT for convenience, provided that the termination is volunt; <br />by both Parties. <br />C. All notices and communications required under this AGREEMENT shall be deemed <br />when either personally served or forty-eight (48) hours after being deposited in the U.S. mail, registered <br />certified mail, return receipt requested, postage prepaid and addressed as follows: <br />Page 3 of 5 <br />