RES 85282 - Laserfiche WebLink

10. Notices. All notices and invoices required to be given pursuant to this Agreement shall be in writing and shall be deemed made and/or received two days following their deposit in the United States mail, postage prepaid, and addressed as follows: CITY Director of Public Works City of Pleasanton 200 Old Bernal Aven.ue P. O. Box 520 Pleasanton, CA 94566 COUNTY Director of Public Works County of Alameda 399 Elmhurst Street Hayward, CA 94544 Either party may change its address by written notice given pursuant to this section. 11. Attorney's Fees. If either party commences an action against the other to enforce or interpret this Agreement, the prevailing party shall be entitled to have and recover reasonable attorney's fees and costs of suit from the party not prevailing. 12. Indemnification. COUNTY agrees to indemnify, save and hold harmless from and defend CITY, members of the City Council and their agents and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or other detriment or liability arising from or out of the maintenance and/or operation of the New and Old Facilities, except where such claims, costs, demands, causes of action, suits, losses, expense or other detriment or liability shall be wholly caused by the actively negligent act of the CITY in affirmatively undertaking maintenance and operation work covered by this Agreement. In the latter instance, CITY shall indemnify and hold harmless the COUNTY. 13. Private Contractor. In undertaking the work described herein, the CITY shall have the status of a private contractor and shall not be considered an employee of the COUNTY for any purpose. All persons working for or under the direction of CITY are its agents, servants, and employees and are not agents, servants, or employees of COUNTY. -6-