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WHEREAS, the City agrees to be solely responsible for the construction of said <br />system, including all associated costs; and <br /> <br /> WHEREAS, upon completion of the construction of said system, the City agrees <br />to be solely responsible for the operation and maintenance of the system, including all <br />associated costs. <br /> <br /> NOW; THEREFORE, IT IS AGREED AS FOLLOWS: <br /> <br /> 1. The County consents to the construction of the ILCWS on Bay Road at <br /> <br />Tenth Avenue by the City of Redwood City. <br /> <br /> 2. The City will be solely responsible for the construction of said system, <br /> <br />including all associated costs. <br /> <br /> 3. The City and County agree that upon completion of the work specified <br /> <br />under this agreement and acceptance thereof by City, ownership and maintenance <br />responsibilities for the improvements installed and constructed hereto under this <br />agreement shall vest in the City. <br /> <br /> 4. The City shall indemnify, defend, and hold harmless the County, its <br /> <br />officers, agents, and employees from all claims, damages, suits or actions of every <br />name, kind, and description, arising out of or relating to the matters covered by the <br />agreement to the extent that such claims, suits or actions are due to the negligence or <br />willful misconduct of the City or the City's failure to perform obligations required of the <br />City under this agreement. The County will cooperate with the City in the response to <br />any claims, suits or actions that arise under this Agreement. <br /> <br /> The duty to indemnify and hold harmless includes the duties to defend as <br />set fodh in Section 2778 of the California Civil Code. <br /> <br /> The City shall require the Contractor to name the County, its officers, <br />agents, and employees and the City as additional insureds on all insurance documents <br />for this project. <br /> <br /> -2- <br /> <br /> <br />