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<br />District Agreement No. 12-568 <br /> <br />20. A separate Cooperative Agreement will be required to cover responsibilities and <br />funding for the construction phase of PROJECT. <br /> <br />21. Nothing in the provisions of this Agreement is intended to create duties or obligations <br />or to rights in third parties not parties to this Agreement or to affect the legal liability <br />of either party to the Agreement by imposing any standard of care with respect to the <br />development, design, construction, operation or maintenance of SHS and public <br />facilities different from the standard of care imposed by law. <br /> <br />22. Neither STATE nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done by <br />CITY under or in connection with any work, authority or jurisdiction conferred upon <br />CITY and arising under this Agreement. It is understood and agreed that CITY shall <br />fully defend, indemnify and save harmless STATE and all its officers and employees <br />from all claims, suits or actions of every name, kind and description brought forth <br />under, including, but not limited to, tortious, contractual, inverse condemnation and <br />other theories or assertions of liability occurring by reason of anything done or <br />omitted to be done by CITY under this Agreement. <br /> <br />23. Neither CITY nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done by <br />STATE under or in connection with any work, authority or jurisdiction conferred <br />upon STATE and arising under this Agreement. It is understood and agreed that <br />STATE shall fully defend, indemnify and save harmless CITY and all its officers and <br />employees from all claims, suits or actions of every name, kind and description <br />brought forth under, including, but not limited to, tortious, contractual, inverse <br />condemnation and other theories or assertions of liability occurring by reason of <br />anything done or omitted to be done by STATE under this Agreement. <br /> <br />24. Prior to the commencement of any work pursuant to this Agreement, either STATE or <br />CITY may terminate this Agreement by written notice to the other party. <br /> <br />25. Detailed steps of the PROJECT development process are attached to this Agreement <br />as Attachment 1 - Scope of Work, Attachment 2, Attachment 3, and Attachment 4, <br />and are incorporated herein by this reference. The Attachments are intended as a <br />guide to STATE's and CITY's staff. If there are any conflicts between the <br />Attachment 1 - Scope of Work, Attachment 2, Attachment 3, and Attachment 4, and <br />the terms of this Agreement, the terms of this Agreement shall control. <br /> <br />26. No alteration or variation of the terms of this Agreement shall be valid unless made <br />by a formal amendment executed by the parties hereto and no oral understanding or <br />agreement not incorporated herein shall be binding on any of the parties hereto. <br /> <br />27. Those portions of this Agreement pertaining to the completion of PROJECT shall <br />terminate upon the satisfactory completion of all post-construction obligations of <br />CITY and the delivery of required PROJECT construction documents, with <br /> <br />10 <br /> <br />