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<br />Agreement No. D07-099 I <br /> <br />"PERSON", as identified in CITY ORDINANCE, identified as being responsible for <br /> <br />2 violations of the water quality ordinance; <br /> <br />3 (g) Assume any and all liability for failure to approve needed work and <br /> <br />4 expenditures to respond to pollutant releases; <br /> <br />5 (h) CITY shall indemnify, defend with counsel approved by DISTRICT, and hold <br /> <br />6 DISTRICT, its elected and appointed officials, officers, agents, employees and <br /> <br />7 contractors, free and harmless from any claim, cause of action or liability <br /> <br />8 whatsoever, based or asserted upon any act or omission of CITY, its elected and <br /> <br />9 appointed officials, officers, agents, employees and contractors for property <br /> <br />10 damage, bodily injury or death or any other element of damage of any kind or <br /> <br />11 <br /> <br />nature, specifically relating to or in any way connected with or arising from <br /> <br />12 the extent and/or adequacy of investigation, or clean-up of pollutants on <br /> <br />13 behalf of CITY, performed by, on behalf of, or under the supervision of <br /> <br />14 DISTRICT personnel, acting in good faith and with due diligence in fulfillment <br /> <br />15 of DISTRICT's responsibilities pursuant to this AGREEMENT; and <br /> <br />16 (i) Where CITY staff is providing pollution response duties hereinunder, CITY shall <br /> <br />17 indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its <br /> <br />18 elected and appointed officials, officers, agents, employees and contractors <br /> <br />19 <br /> <br />free and harmless from any claim, cause of action, or liability whatsoever, <br /> <br />20 based or asserted upon any act of CITY, its elected and appointed officials, <br /> <br />21 officers, agents, employees and contractors, for property damage, bodily injury <br /> <br />22 or death or any other element of damage of any kind or nature, relating to or <br /> <br />23 in any way connected with or arising from the accomplishment of services <br /> <br />24 performed by CITY in implementing or enforcing CITY ORDINANCE to which DISTRICT <br /> <br />25 was not a party of. <br /> <br />26 <br /> <br />27 SECTION 3. GENERAL PROVISIONS <br /> <br />28 (a) The initial term for this AGREEMENT is for a period of one (1) year commencing <br /> <br />29 <br /> <br />with the date of the execution of this AGREEMENT (Initial Term). The term of <br /> <br />30 <br /> <br />this AGREEMENT will automatically extend for an additional year at the end of <br />6 <br />