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<br />. <br /> <br />I I - WARN OMNIBUS MUTtIAL AID AGREEMENT <br />Dated April 30, 1993 <br /> <br />. AI1'rZCL8 Dr: - Liability and Hold Harmless. Pursuant to Government Code <br />Section 895.4, whenever assistance is rendered, BORROWER S~ll assume the <br />. CBunC1 members <br />defense of, fully Uldeamify and bold harmless LENDER,J\ 1rec ors or ' <br />Supervisors, its officers and employees, from all claims, loss, damage, injury <br />and liability of every kind, nature and description directly or indirectly <br />arising from the BORROWER'S work hereunder, including, but not limited to, <br />negligent or wrongful use of equipment, supplies or personnel on loan to <br />BORROWER, or faulty workmanship or other negligent acts, errors or omissions <br />by BORROWER or by personnel on loan to BORROWER. <br /> <br />Each party hereto shall give to the others prompt and timely written <br />notice of any claim made or any suit instituted coming to its knowledge which <br />in any way, directly or indirectly, contingently or otherwise, affects or <br />might affect them, and each shall have the right to participate in the defense <br />of the same to the extent of its own interest. <br /> <br />ART:tCLB X - Modifications. No provision of this Agreement may be <br />modified, altered or rescinded by individual parties to the Agreement. <br /> <br />ART:tCLE XX - Reimbursment. The BORROWER agrees to reimburse the LENDER <br />within 60 days of receipt of an invoice for assistance provided under this <br />Agreement. To the extent that the BORROWER seeks FEMA funding for any cost <br />associated with assistance provided under this Agreement the BORROWER may be <br />required to have acceptable FEMA accounting practices in place of the time of <br />the need. <br /> <br />.aar:ICL8 xu: - Termination. This Agreement is not transferable or <br />assignable, in whole or in part, and may be terminated at any time upon 60 <br />days' written notice delivered or mailed to the II-WARN chairman. <br /> <br />ARTICLE X:t:tI - Effect. Agreement shall take effect immediately upon its <br />execution and shall remain in effect until June 30, 1994. <br /> <br />ART:tCLB xxv - Prior Aqreements. To the extent that prior agreements are <br />inconsistent with this Agreement all prior agreements for mutual aid between <br />the parties hereto are hereby superceded. <br /> <br />ART:tCLB XV - Arbitration. Any controversy or claim arising out of or <br />relating to this Agreement or the breech thereof, shall be settlêd by <br />arbitration in accordance with the Rules of the American Arbitration <br />Association and judgment on the award rendered by the arbitrator(s} may be <br />entered ,in any court having jurisdiction thereof. <br /> <br />ART:tCLE XV:t - Tort Claims. This Agreement in no way acts to abrogate or <br />waive any irmnunity available under the Tort Claims Act. <br /> <br />City of Redwood <br />corporation 0 t <br /> <br /> <br />Dated: 3/// 9 Y <br /> <br />By: <br /> <br />Page 3 of 3 <br /> <br />MRF703 <br /> <br />3 <br />