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6.3.C. - Page 34
<br />AGREEMENT 04-2614
<br />Project No. 0414000032
<br />62. Neither CITY nor any officer or employee thereof is responsible for any injury,
<br />damage or liability occurring by reason of anything done or omitted to be done by CALTRANS,
<br />its contractors, sub -contractors, and/or its agents under or in connection with any work,
<br />authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is
<br />understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify,
<br />and save harmless CITY and all of its officers and employees from all claims, suits, or actions of
<br />every name, kind, and description brought forth under, but not limited to, tortious, contractual,
<br />inverse condemnation, or other theories and assertions of liability occurring by reason of
<br />anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its
<br />agents under this AGREEMENT.
<br />63. Neither CALTRANS nor any officer or employee thereof is responsible for any
<br />injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY,
<br />its contractors, sub -contractors, and/or its agents under or in connection with any work,
<br />authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and
<br />agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless
<br />CALTRANS and all of its officers and employees from all claims, suits, or actions of every
<br />name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse
<br />condemnation, or other theories and assertions of liability occurring by reason of anything done
<br />or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under this
<br />AGREEMENT.
<br />64. PARTNERS do not intend this AGREEMENT to create a third party beneficiary
<br />or define duties, obligations, or rights in parties not signatory to this AGREEMENT.
<br />PARTNERS do not intend this AGREEMENT to affect their legal liability by imposing any
<br />standard of care for fulfilling OBLIGATIONS different from the standards imposed by law.
<br />65. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not
<br />signatory to this AGREEMENT without an amendment to this AGREEMENT.
<br />66. PARTNERS will not interpret any ambiguity contained in this AGREEMENT
<br />against each other. PARTNERS waive the provisions of California Civil Code section 1654.
<br />67. A waiver of a PARTNER'S performance under this AGREEMENT will not
<br />constitute a continuous waiver of any other provision.
<br />68. A delay or omission to exercise a right or power due to a default does not negate
<br />the use of that right or power in the future when deemed necessary.
<br />REV: 07-12-17 PR
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<br />ATTY/AGR.2017.161/Caltrans Co -Op AGR 101/84 PS&E
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