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whether or not discoverable by the City or the Authority, any claim for patent,trademark or copyright infringement, and any claim arising out of strict liability in tort The indemnification arising under this section shall continue in full force and effect notwithstanding the full payment of all obligations hereunder or the termination hereof for any reason The City agrees not to withhold or abate any portion of the payments required pursuant hereto by reason of any defects, malfunctions, breakdowns or infirmities of the Project The City and the Authority mutually agree to promptly give notice to each other of any claim or liability hereby indemnified against following either's learning thereof SECTION 8 11 Funds Any fund required to be established and maintained herein by the Finance Director may be established and maintained in the accounting records of the Finance Director either as an account or a fund, and may, for the purpose of such accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund, but all such records with respect to any such fund shall at all times be maintained in accordance with sound accounting practice and with due regard for the protection of the security of the Authority's Series 2017 Bonds and the rights of the owners of such bonds SECTION 8 12 Notices All written notices to be given by mail to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely If to the City City of Pleasanton 123 Main St , P O. Box 520 Pleasanton, CA 94566 Attention Finance Director If to the Authority Pleasanton Joint Powers Financing Authority 123 Main St , P 0 Box 520 Pleasanton, CA 94566 Attention [Treasurer] SECTION 8 13 Effective Date The 2017 Installment Sale Agreement shall become effective upon its execution and delivery, and shall terminate when the Purchase Pnce shall have been fully paid (or provision for the payment thereof shall have been made pursuant to Article VII) SECTION 8 14 Execution in Counterparts The 2017 Installment Sale Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument IN WITNESS WHEREOF, the parties hereto have executed and attested the 2017 Installment Sale Agreement by their officers thereunto duly authorized as of the day and year first written above 21 2762682 3 1