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acts or omissions of City in performance of this Agreement except those arising by <br />reason of the negligence of the District, Zone 7, its officers, employees and agents. <br /> <br />District and Zone 7 agree to indemnify, defend, and hold harmless the City, its officers, <br />employees and agents, from all acts, claims, omissions, liabilities and losses by <br />whomever asserted arising out of acts or omissions of District or Zone 7 in performance <br />of this Agreement except those arising by reason of the negligence of the City, its <br />officers, employees and agents. <br /> <br /> In witness whereof, the parties have executed this Agreement as of the date first <br />written above. <br /> <br />CITY OF PLEASANTON <br /> <br />By: <br />Deborah Acosta, City Manager <br /> <br />ALAMEDA COUNTY FLOOD CONTROL <br />AND WATER CONSERVATION <br />DISTRICT <br /> <br />By: <br /> <br />ATTEST: <br /> <br />Peggy Ezidro, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush, City Attorney <br /> <br />County Counsel <br /> <br /> <br />