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(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, claims,
<br />suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits or outcome
<br />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, claims,
<br />suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits or outcome
<br />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, claims,
<br />suits, costs and expenses whatsoever, including reasonable attorneys' fees regardless of the merits or outcome
<br />of the work conducted or performed by DUBLIN pursuant to this AGREEMENT.
<br />(6) Notices regarding this AGREEMENT shall be sent by first class mail, postage prepaid, to
<br />EBRPD at General Manager, P. O. Box 5381, Oakland, CA 94605-0381, to DUBLIN at Public Works
<br />Dept. 100 Civic Plaza, Dublin, CA 94568 and to PLEASANTON at Director, Parks and Community
<br />Services Department, P.O. Box 520, Pleasanton, CA 94566-0802.
<br />(7) This AGREEMENT shall run through completion of the PROJECT, unless otherwise
<br />terminated or amended.
<br />(8) This AGREEMENT contains the entire AGREEMENT between the parties with regard
<br />to matters described in this AGREEMENT and supersedes all prior AGREEMENTS, whether written or
<br />oral, between the parties with respect to such subject matter.
<br />(9) This AGREEMENT shall be interpreted and enforced under the laws of the State of
<br />California.
<br />(10) If any provision or provisions of this AGREEMENT shall be held to be invalid, illegal,
<br />unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of
<br />the remaining provisions shall not in any way be affected or impaired thereby.
<br />IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their
<br />respective officers, duly authorized as of the day, month, and year first hereinabove written.
<br />CITY OF DUBLIN
<br />By
<br />Richard Ambrose, City Manager
<br />EAST BAY REGIONAL PARK DISTRICT
<br />~----
<br />By ~"~
<br />Genera Manager
<br />Approved as to form:
<br />By
<br />Elizabeth Silver, City Attorney
<br />Approved as to form:
<br />By
<br />Ted Radosevich, District Counsel
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