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<br />(2) To process EBRPD's reimbursement request for actual expenses up to, but not to exceed,
<br />$25,000 for completion of the PROJECT, within 30 days of receipt ofa cost summary and an invoice from
<br />the EBRPD.
<br />(3) To have a PLEASANTON representative in attendance at all public meetings.
<br /> SECTION III
<br />EBRPD AGREES:
<br />(I) To implement the PROJECT per the provisions of the GRANT, and this AGREEMENT,
<br />including but not limited to the development of consultant contract documents, selection of a qualified
<br />consultant, administration of the consultant contract, conducting public meetings, final acceptance and
<br />dissemination of work products.
<br />(2) To submit to DUBLIN and PLEASANTON copies of draft PROJECT for their review
<br />and comment and to submit final PROJECT for review and approval by DUBLIN and PLEASANTON
<br />before EBRPD distributes the final PROJECT.
<br />(4) To prepare a summary of PROJECT expenses at the completion of the PROJECT and to
<br />submit this summary and an invoice to DUBLIN for up to, but not to exceed, $25,000 and PLEASANTON
<br />for up to, but not to exceed, $25,000 for actual expenses incurred.
<br />(5) To the extent possible EBRPD will first invoice ACTIA for actual expenses incurred
<br />before invoicing DUBLIN and PLEASANTON.
<br />(6) To provide to DUBLIN and PLEASANTON copies of the approved consultant contract,
<br />with scope of work and cost estimates for PROJECT included, as well as any changes to the scope of work
<br />and/or cost estimates as soon as they are available.
<br /> SECTION IV
<br />IT IS MUTUALLY AGREED AS FOLLOWS:
<br />(I) This AGREEMENT maybe amended or canceled by mutual consent in writing of the
<br />three parties.
<br />(2) IfEBRPD, DUBLIN and PLEASANTON are unable to agree on any element of the
<br />PROJECT, ACTIA shall make all final and binding decisions regarding the PROJECT.
<br />(3) EBRPD agrees to indemnify and hold harmless DUBLIN and PLEASANTON, its City
<br />Councils, officers, agents, employees and assigns from and against any and all loss, damage, liability,
<br />claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits
<br />or outcome of the work conducted or performed by EBRPD pursuant to this AGREEMENT.
<br />(4) PLEASANTON agrees to indemnifY and hold harmless DUBLIN and EBRPD, its City
<br />Councils, officers, agents, employees and assigns from and against any and all loss, damage, liability,
<br />claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits
<br />or outcome of the work conducted or performed by PLEASANTON pursuant to this AGREEMENT.
<br />(5) DUBLIN agrees to indemnifY and hold harmless EBRPD and PLEASANTON, its City
<br />Councils, officers, agents, employees and assigns from and against any and all loss, damage, liability,
<br />claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits
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