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proceedings,penalties, deficiencies, tines,orders,judgments and damages (all of the foregoing <br /> collectively"Claims")which in any manner, directly or indirectly, in whole or in part,are caused <br /> by, arise in connection with, result from, relate to, or are alleged to be caused by,arise in <br /> connection with, result from, or relate to negligent or wrongful performance of this Agreement <br /> by Costco or any contractor or subcontractor of Costco. This indemnity includes the fees and <br /> costs reasonably incurred by the City by its own in-house or special counsel retained to protect <br /> the City's interests. Each Party is entitled to legal counsel of its choice, at Costco's expense. The <br /> Parties and their respective counsel shall cooperate with each other in the defense of any such <br /> actions, including in any settlement negotiations. If a court in any such action awards any form <br /> of money damages to such third party, or any attorneys' fees and costs to such third party, Costco <br /> shall bear full and complete responsibility to comply with the requirements of such award,and <br /> hereby agrees to timely pay all fees and costs on behalf of City. This indemnity obligation shall <br /> not extend to any claim to the extent arising solely from the City's gross negligence or the City's <br /> failure to perform its obligations under this Agreement, and shall survive termination of this <br /> Agreement. <br /> Section 6.2 Notices. Demands and Communications. Any approval,disapproval, <br /> demand, document or other notice to be provided under this Agreement shall be given in writing <br /> and shall be sent(i) for personal delivery by a delivery service that provides a record of the date <br /> of delivery, the individual to whom delivery was made, and the address where delivery was <br /> made;(ii)by first-class United States mail, postage prepaid, return receipt requested; or(iii) by a <br /> nationally recognized overnight courier service, marked for next day business delivery. All <br /> notices shall be addressed to the Party to whom such notice is to be given at the address stated in <br /> this Section 5 or to such other address as a Party may designate by written notice to the other; <br /> notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such <br /> Party. <br /> City Notice Address: <br /> City of Pleasanton <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: City Manager <br /> With copies to all of the following: <br /> City of Pleasanton <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: City Attorney <br /> Costco Notice Address: <br /> Costco Wholesale Corporation <br /> 9 Corporate Park, Suite 2300 <br /> Irvine, CA 92606 <br /> Attention: Jenifer Murillo <br /> 15 <br /> 1310 01!2218870.8 <br /> 2'7/2018 <br />