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