RES 84622 - Laserfiche WebLink

or activities on or about, the Property by the City, or any agent, representative or contractor of the City. This indemnity and hold harmless covenant shall include, but not be limited to, any claims for personal injury or damage to property or any claims or liens of persons supplying labor, materials and supplies to or for the Property. If the City should receive notice of any claim covered by this indemnity, the City shall immediately notify SAB of the existence of such claim and undertake the defense of such claim with legal counsel reasonably satisfactory to SAB. 3. Upon completion of the work described in paragraph of this Agreement, the City shall leave the Property in a rough graded condition, free of debris and other extraneous material. This right-of-entry shall lapse upon the completion of the improvements designated in Section 1. 4. The City acknowledges that SAB is entering into the Agreement without having completed execution of the terms of the City's acquisition of the necessary right-of-way and land in order to expedite the making of certain road and other improvements on or about the Property. Neither the giving of this right-of-entry nor any other terms of this Agreement shall prejudice SAB in any way from requiring full compensation for all property taken as a result of the installation or maintenance of such road or other improvements. 5. Any demand or notice to be given under this Agreement shall be given personally or by certified mail, return receipt requested, to the parties at the following address: TO SAB Investment Co. 3150 - 20th Avenue San Francisco, CA 94132 Attn: Art Schumacher TO City of Pleasanton 200 Old Bernal Avenue P. O. Box 520 Pleasanton, CA 94566 Attn: Brian W. Swift or to such other address as either party may deliver to the other by like written notice. 6. If any legal proceeding shall be commenced to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable - 2 -