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<br /> NOW, THEREFORE, in consideration of these recitals, the Parties agree as
<br /> follows:
<br /> 1. The City, in consideration of One Dollar ($1.00) and other good and valuable
<br /> consideration, receipt of which is hereby acknowledged, does hereby grant, bargain,
<br /> sell, and assign to Buyer, his successors and assigns, the retired City police dog known
<br /> as "Bacchus," a 12 year old German Shepherd, together with all kennel and housing
<br /> equipment installed at Buyer's residence by City for the use of said canine. Buyer shall
<br /> be solely responsible for all care of and expenses related to Bacchus from and after the
<br /> date of this agreement.
<br /> 2. As is. The canine is transferred in "as is" condition for Buyer's personal use. It is
<br /> understood that this canine was removed from police service due to age, performance,
<br /> or disability which made such canine unqualified for further police purposes.
<br /> Accordingly, Buyer agrees that he will not attempt to use, or use, said canine for police
<br /> purposes.
<br /> 3. Indemnification. Buyer shall indemnify, defend, protect, and hold harmless the
<br /> City, its elected and appointed officials, officers, agents, and employees, and volunteers
<br /> (hereinafter collectively referred to as "Releasees") from and against any and all
<br /> liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments,
<br /> liens, levies, costs, and expenses of whatever nature, including reasonable attorneys'
<br /> fees and disbursement, which the Releasees may suffer or incur or to which the
<br /> Releasees may become subject by reason of or arising out of any failure to comply with
<br /> applicable law, any injury to or death of persons, or loss of, or damage to, property,
<br /> arising out of activities of, or related to, said canine occurring after transfer of said
<br /> canine to Buyer by City.
<br /> 4. Jurisdiction and Venue. Any action at law or in equity brought by either of the
<br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will
<br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of
<br /> California, and the Parties waive all provisions of law providing for a change of venue in
<br /> these proceedings to any other county.
<br /> 5. Severabilitv. The invalidity, illegality, or unenforceability, of any provision of this
<br /> agreement shall not render the other provisions invalid, illegal or unenforceable.
<br /> Dated: � �y�_, 2009 �„ �
<br /> Steve Unga, Tr feree
<br /> Atty/Agr/2009.004 2
<br /> 012909
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