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GRANT NUMBER 5GA22213 <br />City of Pleasanton <br /> Augustin Bernal Community Park Fuels Reduction <br />10 <br /> <br />e. Final payment to GRANTEE may not be made until the STATE <br />determines the Project conforms substantially to this Agreement. <br />10. Hold Harmless <br />a. GRANTEE shall defend, indemnify and hold the STATE, its officers, <br />employees, and agents harmless from and against any and all liability, <br />loss, expense (including reasonable attorney's fees), or claims for injury or <br />damages arising out of the performance of this Agreement but only in <br />proportion to and to the extent such liability, loss, expense, attorney's fees, <br />or claims for injury or damages are caused by or result from the negligent <br />or intentional acts or omissions of GRANTEE, its officers, agents, or <br />employees. The duty of GRANTEE to indemnify and hold harmless <br />includes the duty to defend as set forth in Civil Code Section 2778. This <br />Agreement supersedes GRANTEE’s right as a public entity to indemnity <br />(see Government Code Section 895.2) and contribution (see Government <br />Code Section 895.6) as set forth in Government Code Section 895.4. <br />b. GRANTEE waives any and all rights to any type of express or implied <br />indemnity or right of contribution from the STATE, its officers, agents, or <br />employees for any liability resulting from, growing out of, or in any way <br />connected with or incident to this Agreement. <br />c. Nothing in this Agreement is intended to create in the public or in any <br />member of it rights as a third-party beneficiary under this Agreement. <br />11. Tort Claims <br />FEDERAL: <br />The United States shall be liable, to the extent allowed by the Federal Tort <br />Claims Act 28 United States Code 2671-2680, for claims of personal injuries or <br />property damage resulting from the negligent or wrongful act or omission of any <br />employee of the United States while acting within the scope of his or her <br />employment, arising out of this Agreement. <br />STATE: <br />The State of California shall be liable, to the extent allowed by law and subject to <br />California Government Code, Title 1, Division 3.6, providing for the filing of tort <br />claims against the State of California, for personal injuries or property damage <br />resulting from the negligent or wrongful act or omission of State of California <br />employees while acting within the scope of his or her employment, arising out of <br />this Agreement. <br /> <br />12. Nondiscrimination <br />DocuSign Envelope ID: 98FB7961-F08C-47CE-A80C-DBDFF69A1604