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Owner shall reimburse the City for all costs incurred by the City <br />in performing such work. <br /> <br /> 3. MISCELLANEOUS PROVISIONS: <br /> <br /> (a) This Agreement shall run with the land and be <br />binding upon and inure to the benefit of all parties having or <br />acquiring any right, title or interest in any part of the <br />property subject to this Agreement. <br /> <br /> (b) If any action is commenced between the parties <br />hereto concerning the enforcement or interpretation of this <br />Agreement, the prevailing party shall be entitled to recover its <br />costs and attorneys' fees as awarded by the court. <br /> <br /> (c) Any notices required or permitted to be given or <br />served hereunder shall be given in writing and shall be served <br />either personally or delivered by mail, postage prepaid and <br />addressed to the following addresses: <br /> <br /> City: City Manager <br /> P. O. Box 520 <br /> Pleasanton CA 94566 <br /> <br /> Owner: Jimmy and Dorothy Bradley <br /> 13 Foothill Lane <br /> Pleasanton CA 94566 <br /> <br /> Notices shall be deemed served on the date personally <br />served or on the date that the notice is deposited in the United <br />States mail, provided such mailing is by registered or certified <br />mail, postage prepaid, and addressed to the party at the address <br />given above. <br /> <br /> 4. HOLD HARMLESS: Owner agrees to and shall indemnify, <br />defend and hold the City, its officers, agents, employees, and <br />representatives (collectively the "City") harmless from and <br />against all liability for damage or claims for damage for <br />personal injury, including death, and liability and claims for <br />property damage which may arise directly or indirectly from the <br />action or inaction caused or alleged to have been caused by <br />reason of the activities of Owner, its contractors, <br />subcontractors, agents, employees, or other person(s) acting on <br />Owner's behalf (collectively "Owner") in connection with the <br />obligations imposed by this Agreement. This hold harmless <br />agreement applies regardless of whether the City supplied or <br />approved plans or specifications or both in connection with the <br />Drainage Area and Drainage Improvements and regardless of whether <br />or not the insurance policies are applicable. <br /> <br /> - 2 - <br /> <br /> <br />