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<br />3+\2 <br /> <br />City of Redwood City <br />Grant Agreement No. 99-037 <br />Page 8 <br /> <br />OPERATION AND MAINTENANCE (Continued) <br /> <br />revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature <br />necessary to prolong the life of capital assets and basic structures, and the expenditure of <br />funds necessary to replace or reconstruct capital assets or basic structures. <br /> <br />INSPECTION <br /> <br />Throughout the tenn of this agreement, the Conservancy shall have the right to inspect the project <br />area to ascertain compliance with this agreement. <br /> <br />LIABILITY <br /> <br />The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, <br />agents and employees ftom any and a111iabilities, claims, demands, damages or costs resulting <br />ftom, growing out of, or in any way connected with or incident to this agreement, except for <br />active negligence ofthe Conservancy, its officers, agents or employees. The duty of the grantee <br />to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section <br />2778. This agreement supersedes the grantee's right as a public entity to indemnity (see <br />Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in <br />Gov. Code Section 895.4. <br /> <br />The grantee waives any and all rights to any type of express or implied indemnity or right of <br />contribution ftom the State, its officers, agents or employees, for any liability resulting ftom, <br />growing out of, or in any way connected with or incident to this agreement. <br /> <br />Throughout thetenn of this agreement, the grantee shall maintain self-insurance for personal <br />injury and property damage liability assumed by the grantee under this agreement. <br /> <br />Nothing in this agreement is intended to create in the public or in any member of it rights as a <br />third party beneficiary under this agreement. <br /> <br />LOSS INSURANCE <br /> <br />Throughout the term of this agreement, the grantee shall provide and maintain self-insurance <br />against fire, vandalism and other loss, damage, or destruction of the facilities or structures <br />constructed pursuant to this agreement. <br /> <br /> <br />^"'^"'~'--"'---"T""^'" . <br />