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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 />25 <br />26 <br />Project: Flower St. Bike Trail <br />Agreement No. D08-xxx <br />injury to or death of any person or persons (either workman, employees of CITY or its contractors, <br />subcontractors or the general public using CITY improvements) or damage to property arising from use by <br />any person or persons of CITY improvements on Premises. <br />Nothing contained in this section shall operate to relieve DISTRICT and/or the DISTRICT/COUNTY <br />Indemnitees from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by <br />a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts <br />or omissions of DISTRICT and/or the DISTRICT/COUNTY Indemnitees or any of them. <br />The indemnity obligations created by this section as well as any other indemnity obligations created by this <br />AGREEMENT shall survive the termination of this AGREEMENT, to the extent that a claim is based on an <br />event which occurred prior to termination. <br />9.2. INSURANCE <br />During the term of this AGREEMENT CITY shall maintain insurance or self-insurance and shall cause its <br />contractors to maintain insurance in accordance with the insurance requirements set forth in Exhibit B. <br />ARTICLE 10 <br />ASSIGNMENT /THIRD PARTY BENEFICIARY PROVISIONS <br />10.1 ASSIGNMENT BY CITY PROHIBITED <br />CITY acknowledges that its rights and obligations pursuant to this AGREEMENT are non-transferable <br />without the prior written consent of DISTRICT. Any attempt by CITY to transfer all or part of its rights or <br />obligations under this AGREEMENT to another party shall be null and void. If CITY wishes to transfer CITY <br />improvements and/or any of its rights or obligation under this AGREEMENT to another party, DISTRICT rr <br />require that the proposed successor enter into a separate agreement with DISTRICT with additional terms <br />and conditions. <br />DISTRICT may record this AGREEMENT to provide notice to proposed assigns or successors that this <br />25B-1~2 <br />