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<br />related in any manner to actions taken by PHS solely in a particular City <br /> <br /> <br />or Cities that are party to this agreement, those particular City or those <br /> <br /> <br />Cities will hold harmless, indemnify and defend the County, and any other <br /> <br />City that is a party to this agreement, that is named-as a defendant in that <br /> <br />suit. In the event a City or Cities that are a party to this agreement are <br /> <br />sued and the suit relates in any manner to actions taken by PHS solely in <br /> <br /> <br />the unincorporated area the County, the County will hold harmless, <br /> <br /> <br />indemnify and defend the City or Cities named as a defendant in that suit. <br /> <br />4. County Contractor Responsibilities. Exhibit C ("Contractor <br />Responsibilities"), Section 11 ("Excluded Services") of the Services Agreement is <br />amended to add the following exclusion to the Services Agreement to render it consistent <br />with the parties' intent as of (and since) June 17,2003: <br /> <br />. Enforcement of State law and regulations related to the prevention of cruelty to <br />animals. <br />5. Effectiveness of Amendment. Except as set forth in this Second <br />Amendment, all other provisions of the City Agreement and the First Amendment shall <br />remain unchanged and in full force and effect. <br />6. Date of Adoption. This Second Amendment shall be deemed to have been <br />adopted on the date this Second Amendment has been executed by the County and all of <br />the Cities. <br />7. Condition Precedent. This amendment will become effective only after <br />the County and PHS/SPCA negotiate and adopt an amendment to their June 17,2003 <br />Agreement that is consistent with this Second Amendment. In the event that the County <br />(acting in good faith) and PHS/SPCA are unable to negotiate and adopt an amendment to <br /> <br />5 <br />