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Agreement <br />Page 7 <br /> <br />HOLD H~.ILESS AND INDE~NIFICATION AGPSEMENT <br />Specifically excluding any and all liability which may <br />arise out of any agreements previously entered into <br />by City, the Owner agrees to hold the City, its <br />Councilmembers, agents and employees harmless from <br />any and all liability which may result from the adoption <br />and implementation of this Agreement. Owner further <br />agrees to defend and indemnify the City against any <br />and all claims, demands, injuries or damages asserted <br />agaihst the City by third parties resulting from or <br />grounded upon the City's entering into and/or imple- <br />menting this Agreement. <br /> <br />Subject to the above exclusions, should Owner, upon <br />tender of defense by City, refuse to defend City, <br />City may upon notice, undertake to provide its own <br />defense. Owner agrees to fully reimburse City for <br />all expenses, attorneys' fees and costs as well as all <br />damages that may be assessed against City as a result. <br /> <br />EXPENSES, ATTORNEYS' FEES AND COSTS <br />Should it become necessary for the purposes of enforcing <br />this Agreement for the City to incur any expenses, or to <br />pay any attorneys' fees or court costs, Owner agrees to <br />reimburse City for such expenses, fees or costs within <br />thirty (30) days after receiving written notice. <br /> <br />III. Owner and City mutually agree as follows: <br /> <br />PO?~R OF CITY TO ALLOCATE CAPACITY <br />Except as otherwise set forth in this Agreement, th~b~_~ <br />Ci~C!_q~_ncil of the City of Pleasanton shall have sole <br />~se~et-~ona~_!y au~o~itV o~tB"~l~/6~'f~7 Fe~' or other- <br />wi~J_appzopl.~a~e the 50J,_~J0 q~j~0~_per day of sewer <br />~eK~ity to be added tO the D~lin San Ramon Serv~ <br />District Sewage Trea~ent Plan~__~s a F~'~Hil"B~'t~ <br />e~ansion contemplated herein. <br /> <br />RESERVATION OF CAPACITY <br />In consideration for ~vner advancing the funds to be <br />used exclusively to finance the direct and indirect <br />costs to expand the Dublin San Ramon Services <br />District Sewage Treatment Plant capacity by 500,000 GPD <br />and to modify the LA~q~.~ pipeline pumping facilities <br />to acco~odate the additional flow, the City shall <br />reserve 200,000 GPD capacihy for property shown in <br />Exhibit A of this Agreement, for five (5) years from <br />the date of completion of the plant expansion and <br />availability of export pipeline capacity. The <br />200,000 GPD reserved sewer capacity shall be allo- <br />cated during an eleven (11) year period only upon <br />approval of a specific project or projects by the <br /> <br /> <br />