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The Department agrees to indemnify and hold harmless City from any liability arising out of the <br /> Department's operations at the Site or under this agreement. The Department further agrees to <br /> assume responsibility for any damages proximately caused by reason of the Department's <br /> operation of the Site or its actions under this agreement and the Department will, at its option <br /> either repair or pay for such damage. <br /> The parties do not waive any rights, defenses, privileges or immunities unless they are expressly <br /> waived in this agreement. <br /> RECOMMENDED FOR APPROVAL: <br /> By GRANTED: <br /> ROBERT BACHTOLD <br /> District Branch Chief STATE OF CALIFORNIA <br /> Excess Land Sales <br /> By <br /> LINDA EMADZADEH Date <br /> District Office Chief <br /> Airspace, Excess Land Sales and <br /> LPA Services <br /> ACCEPTED: <br /> CITY OF PLEASANTON <br /> B y - - - -- — <br /> Nelson Fialho Date <br /> City Manager <br /> 2 <br />