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20A - AGMT - FLOWER STREET BIKE TRAIL
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20A - AGMT - FLOWER STREET BIKE TRAIL
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Last modified
1/3/2012 3:40:10 PM
Creation date
9/15/2011 4:01:19 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20A
Date
9/19/2011
Destruction Year
2016
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AGREEMENT NO. C-1-2630 <br />1 ARTICLE 7, INDEMNIFICATION <br />2 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, <br />3 employees and agents from and against any and all claims (including attorney's fees and <br />4 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />5 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />6 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, <br />7 employees or agents in connection with or arising out of the performance of this Agreement. <br />a B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, <br />s employees and agents from and against any and all claims (including attorney's fees and <br />10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />11 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />12 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, <br />13 employees or agents in connection with or arising out of the performance of this Agreement. <br />14 C. The indemnification and defense obligations of this Agreement shall survive its <br />15 expiration or termination. <br />16 ARTICLE 8. ADDITIONAL PROVISIONS <br />17 The AUTHORITY and CITY agree to the following mutual responsibilities: <br />18 A. Term of Agreement: This Agreement shall continue in full force and effect through <br />19 project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation, <br />20 whichever is earlier. This Agreement may be extended at the mutual consent of both parties. <br />21 B. Termination: This agreement is null and void if project is not funded. AUTHORITY <br />22 shall cancel projects for which the CITY has not submitted an E-76 and allocation request by <br />23 February 1 of the fiscal year for which funds are programmed or has not advanced the project to <br />24 ready-to-list stage as determined through Caltrans Guidelines. This Agreement may be terminated <br />25 by either party after giving thirty (30) days written notice. This Agreement shall not be terminated <br />26 without mutual agreement of both parties. <br />Page 7 of 10 <br />L:C"m NCLERICALCLERICALXWOROPROCWGREEWG12630 <br />20A-9
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