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9. Notwithstanding any thing to the contrary <br />hereinbefore contained, either party may, upon ninety (90) <br />days written notice to the opposite party, terminate this <br />Agreement. Upon termination of this Agreement, Vendor shall <br />promptly return to District all remaining unsold tickets and <br />the proceeds from sale of tickets, accompanied by the final <br />accounting report. <br /> <br /> 10. The Vendor shall not be liable for and the <br />District agrees to indemnify and hold Vendor harmless from any <br />losses, claims or damages whatsoever (except as provided in <br />paragraph 3) from whatever cause, arising out of, or in connect- <br />ion with the subject matter of this Agreement, or any of its <br />terms or provisions, except such losses, claims or damages <br />as may have resulted from the willfull misconduct or negligence <br />of Vendor's officers, directors, employees, contractors or <br /> <br />agents. <br /> <br /> ll. This agreement is the entire agreement of the <br />parties. Vendors represents that in entering into this agree- <br />ment it has not relied on any previous representation, induce- <br />ments or understandings of any kind or nature. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed <br />this Agreement as of the date above written. <br /> <br /> SAN FRANCISCO BAY AREA RAPID TRANSIT <br /> DISTRICT <br /> <br /> BY <br /> General Manager <br /> <br />VENDOR <br />BY <br /> <br />5 <br /> <br /> <br />