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Participating Owner to indemnify Indemnitees includes the duty to defend as set forth in California Civil Code Section 2778. '1'1. Status. Neither Participating Owner, nor its officers, employees, agents, or contractors are, nor shall they be deemed, officers, employees, agents, or contractors of City in connection with the performance of Participating Owner's obligations hereunder. 12. Successors. This agreement, and the respective rights, duties, and obligations of the parties hereunder shall be binding upon, and inure to the benefit of, their successors and assigns. Nothing in this paragraph contained shall be deemed a limitation upon the provisions of paragraph 8 (Change of Ownership) and paragraph 9 (Nonassignability) hereof. '13. Condition Precedent: Term. (a) Condition Precedent. This agreement shall not become effective unless and until City shall have entered into (i) the Retrieval Service Agreement with Contractor and (ii) City's Ordinance No. 2186 entitled, "Ordinance Repealing Ordinance VI of, and Adding Article VIII to, Chapter 14 of the Code of the City of Redwood City Relating to Abatement of Abandoned Shopping Carts," becomes effective. (b) Term. The term of this agreement shall commence on ~ ~ '7, ~--~:~-mO and expire on i-v/) ~ ~¢_.1A 3 1.f~; provided, that I / if City exercises any right and option to extend the term of the Retrieval Service Agreement, the term of this agreement shall expire upon the expiration of the extended term of the Retrieval Services Agreement. Notwithstanding the foregoing, if the Retrieval Service Agreement is terminated prior to the expiration of its initial or any extended term, as the case may be, this agreement shall terminate and Participating 9 Agmt-322 DES:rg F/sharcd/sharcd/R.¢dwood/Coun¢il 02/07/00; 03/06/00;03/17/00R;03,r2 Il00 R