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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2014
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090214
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05
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8/25/2015 4:55:36 PM
Creation date
8/27/2014 4:37:21 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/2/2014
DESTRUCT DATE
15Y
DOCUMENT NO
5
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5. Damage to Property: Both parties agree that upon the completion of any of its work <br /> within the other party's property,to restore the surface of the ground to the condition in <br /> which it was prior to the commencement of said work or as acceptable to the other party. <br /> Each party shall, at its sole cost,promptly repair any damage to the other party's real and <br /> personal property, arising out of or in connection with that party's operation, <br /> maintenance, replacement, repair or removal of said Storm Drain and appurtenances. <br /> 6. Indemnification: Each party agrees to indemnify and hold harmless the other party(and <br /> its officials and employees) from and against all claims, demands, suits, costs, expenses, <br /> liabilities, fines, penalties, losses, damages and injury to person,property or otherwise, <br /> including, without limitation, direct, indirect and consequential damages, court costs and <br /> reasonable attorney's fees, arising from or in any respect related to the duties to be <br /> performed pursuant to this Maintenance Agreement by that party including the use of the <br /> other party's property by it or its agents except when such injury, loss or damage as shall <br /> have been caused by the negligence or willful act of the party performing the duties set <br /> forth in this Agreement.. \ <br /> 7. Binding on Successors: The provisions her f shall inure to the benefit of and bind the <br /> successors and assigns of the respective parties hereto. <br /> 8. Entire Agreement: This instrument contains the nh" ire'agreement between the parties <br /> relating to the rights herein granted and the obligations herein assumed. Any oral <br /> representations or modifications concerning this instrument shall be of no force and effect <br /> except by a subsequent modification in writing, signed by the party to be charged. <br /> N) <br /> City of Pleasanton Alameda County Flood Control & <br /> Water Conservation District,Zone 7 <br /> Nelson Fialho, City Manager <br /> G. F. Duerig, General Manager <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan Lowell, City Attorney <br /> 2 <br />
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