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II - WARN OMNIBUS MUTUAL AI. ~GREEMENT Dated April 30, 1993 ARrXCLB XX - Liabilitv and Hold Harmless. Pursuant to Government Code Section 895.4, whenever assistance is rendered, BORROWER ~hall ~ssume the defense of, fully indemnify and hold harmless LENDER~~~dt~W ~fs, Supervisors, its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description directly or indirectly arising from the BORROWER'S work hereunder, including, but not limited to, negligent or wrongful use of equipment, supplies or personnel on loan to BORROWER, or faulty workmanship or other negligent acts, errors or omissions by BORROWER or by personnel on loan to BORROWER. Each party hereto shall give to the others prompt and timely written notice of any claim made or any suit instituted coming to its knowledge which in any way, directly or indirectly, contingently or otherwise, affects or might affect them, and each shall have the right to participate in the defense of the same to the extent of its own interest. ARTXCLE X - Modifications. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. ARTXCLE XX - Reimbursment. The BORROWER agrees to reimburse the LENDER within 60 days of receipt of an invoice for assistance provided under this Agreement. To the extent that the BORROWER seeks FEMA funding for any cost associated with assistance provided under this Agreement the BORROWER may be required to have acceptable FEMA accounting practices in place of the time of the need. ARrXCLB xc: - Termination. This Agreement is not transferable or assignable, in whole or in part, and may be terminated at any time upon 60 days' written notice delivered or mailed to the II-WARN chairman. ARTXCLE XXII - Effect. Agreement shall take effect immediately upon its execution and shall remain in effect until June 30, 1994. ARTICLB XIV - Prior Aqreements. To the extent that prior agreements are inconsistent with this Agreement all prior agreements for mutual aid between the parties hereto are hereby superceded. ARTICLE XV - Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breech thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) maybe entered.in any court having jurisdiction thereof. ARTICLE XVX - Tort Claims. This Agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. City of Redwood City, a municipal corporation of the State of California Dated: By: City Manager Page 3 of 3 12148 MRF703 3 ·T