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i <br />z <br />3 <br />a <br />5 <br />s <br />a <br />s <br />io <br />i� <br />iz <br />13 <br />is <br />15 <br />16 <br />n <br />i8 <br />is <br />20 <br />21 <br />zz <br />23 <br />2a <br />25 <br />ze <br />AGREEMENT NO. C -1 -2630 <br />ARTICLE 7. INDEMNIFICATION <br />A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, <br />employees and agents from and against any and all claims (including attorney's fees and <br />reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, <br />employees or agents in connection with or arising out of the performance of this Agreement. <br />B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, <br />employees and agents from and against any and all claims (including attorney's fees and <br />reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, <br />employees or agents in connection with or arising out of the performance of this Agreement. <br />C. The indemnification and defense obligations of this Agreement shall survive its <br />expiration or termination_ <br />ARTICLE 8. ADDITIONAL PROVISIONS <br />The AUTHORITY and CITY agree to the following mutual responsibilities: <br />A. Term of Agreement: This Agreement shall continue in full force and effect through <br />project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation, <br />whichever is earlier. This Agreement may be extended at the mutual consent of both parties. <br />B. Termination: This agreement is null and void if project is not funded. AUTHORITY <br />shall cancel projects for which the CITY has not submitted an E -76 and allocation request by <br />February 1 of the fiscal year for which funds are programmed or has not advanced the project to <br />ready -to -list stage as determined through Caltrans Guidelines. This Agreement may be terminated <br />by either party after giving thirty (30) days written notice. This Agreement shall not be terminated <br />without mutual agreement of both parties. <br />Page 7 of 1O <br />LCamm\CLERIGAL \CLERICAL \WORDPROCWGREEWG 12630 <br />