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Participating Owner to indemnify Indemnitees includes the duty to defend as set fOrth in <br /> CalifOrnia Civil Code Section 2778. <br /> <br /> 11..~a.tal. Neither Participating Owner, nor its officers, employees, agents, or <br /> contractors are, nor shall they be deemed, officers, employccs,, agents, or contractors of <br /> City in connection with the performance of Participating Owner's obligations hereunder. <br /> <br /> 12, Succe~lonl. This agreement, and the respective rights, duties, and <br /> obligations of the parties hereunder shall be binding upon, and inure to the benefit of, <br /> their successors and assigns. Nothing in this paragraph contained shall be deemed a <br /> limitation upon the provisions of paragraph 8 (Change of Ownership) and paragraph g <br /> (Nonassignability) hereof. <br /> <br /> 13. Condition Precedan. t: Terrrl. (a) Condition Precedent. This agreement shall <br /> not become effective unless and until City shall have entered into (i) the Retrieval <br /> Service Agreement with Contractor and (ii) City's Ordinance No. 2188 entitled, <br /> 'Ordinance Repealing Ordinance VI of, and Adding Article VIII to, Chapter 14 of the <br /> Code of the City of Redwood City Relating to Abatement of Abandoned Shopping <br /> Carts," becomes effective. <br /> <br /> (b) ]'erm. The term of this agreement shall commence on <br /> 4' j' CD [ and expire on . ~J~/.~c-h/ ~/~ ~..~o2..provid.ed, that <br /> if City exercises any right and option to extend the term of the Retrieval Sen/ice <br /> Agreement, the term of this agreement shall expire upon the expiration of the extended <br /> term of the Retrieval Services Agreement. Notwithstanding the foregoing, if the <br /> Retrieval Service'Agreement is terminated prior to the expiration of its initial or any <br /> extended term, as the case may be, this agreement shall te.~inate and Participating <br /> <br /> DES:r~ <br /> <br />MRY 29 20~0 23:04 [ 650 354 8800 220? PRGE. iO <br /> <br /> <br />