|
8. Hold Harmless. Grantee, to the fullest extent allowable by law, hereby agrees to defend,
<br />indemnify, and save harmless Grantor, its Council, boards, commissions, officers, employees and agents,
<br />from and against any and ail claims, suits, actions, liability, loss, damage, expense, cost (including, costs and
<br />fees of litigation) of every nature, k/nd or description, which may be brought against, or suffered or sustained
<br />by, Grantor, its Council, boards, commissions, officers, employees or agents in any way arising out of or
<br />related to Grantee's use of the Easement Area.
<br />
<br /> The duty of Grantee to indemnify and save harmless, as set forth herein, shall include the duty to
<br />defend as set forth in Section 2778 of the Califomia Civil Code; provided, however, that nothing herein
<br />contained shall be construed to require Grantee to indemnify Grantor, its Council, boards, commissions,
<br />officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br /> 9. Superceding Agreement. This Agreement shall replace in whole and shall supercede and
<br />all prior agreements concerning the subject matter herein including, without limitation, (i) that certain
<br />Agreement Re Access to Property in the Vicinity of Marsh Road, dated May 28, 1963 and recorded June 4,
<br />1963 in Volume 4471, Page 453 through 457 in Official Records of the County of San Marco, State of
<br />California; and (ii) that certain Grant of Revocable Encroachment Permit Bridge Purposes dated October 7,
<br />1986 and recorded on October 14, 1986 as Instrument No. 86128206, in Official Records of San Marco
<br />County, State of California.
<br />
<br /> 10. Entire Aereement. This Agreement constitutes the entire agreement between Grantor and
<br />Grantee relating to the above easements. Any prior agreements, promises, negotiations, or representations
<br />not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall
<br />be of no force and effect unless it is in writing and signed by Grantor and Grantee.
<br />
<br /> 11. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the
<br />heirs, executors, administrators, successors, and assigns of Grantor and Grantee.
<br />
<br />//
<br />//
<br />//
<br />//
<br />//
<br />//
<br />//
<br />//
<br />//
<br />
<br /> Page 3 of 4
<br />
<br />
<br />
|