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DES:djk O~f28/94 (O02/66) DES:djk lO/lO/94R DES:dft 12/12/94R (004/67) renewal thereof, for the Project located at 2625 Broadway, Redwood City, California. 8. TERMINATION. Agency may terminate this agreement upon the determination by Agency that the funds have been, or are being, used for purposes other than those stated in this agreement or for failure of RCAC to comply with or perform fully any of its obligations hereunder, including, without limitation, the Programmatic Agreement described in Exhibit C. Written notice of such termination shall be given by Agency to RCAC and shall set forth Agency's determination of noncompliance. The provisions of this paragraph shall not be deemed a limitation upon Agency to exercise any rights or remedies whièh may accrue to Agency hereunder. 9. HOLD HARMLESS. RCAC hereby agrees to defend, indemnify and save harmless Agency, the City of Redwood City, its Council, officers, boards, commissions, agents and employees from and against any and all claims, suits, actions, liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature, kind and description, which may be brought against, or suffered or sustained by, Agency, the City of Redwood City, its Council, officers, agents, or employees caused by, or alleged to have been caused by, any act or omission to act of RCAC, its officers, agents or employees resulting from the use, expenditure, appropriation disbursement, or other disposition of the funds allocated to RCAC by Agency hereunder. The duty of RCAC to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in 4 ._,~... - , 'T"""