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Participating Owner to indemnify Indemnitees includes the duty to defend as set forth in <br /> <br />California Civil Code Section 2778. <br /> <br /> 11. Status. Neither Participating Owner, nor its officers, employees, agents, or <br /> <br />contractors are, nor shall they be deemed, officers, employees, agents, or contractors of <br /> <br />City in connection with the performance of Participating Owner's obligations hereunder. <br /> <br /> 12. Successors. This agreement, and the respective rights, duties, and <br /> <br />obligations of the parties hereunder shall be binding upon, and inure to the benefit of, <br /> <br />their successors and assigns. Nothing in this paragraph contained shall be deemed a <br /> <br />limitation upon the provisions of paragraph 8 (Change of Ownership) and paragraph 9 <br /> <br />(Nonassignability) hereof. <br /> <br /> 13. Condition Precedent; Term. <br /> <br /> (a) Condition Precedent. This agreement shall not become effective unless <br /> and until City shall have entered into (i) the Retrieval Service Agreement with <br /> Contractor and (ii) City's Ordinance No. 2186 entitled, "Ordinance Repealing <br /> Ordinance VI of, and Adding Article VIII to, Chapter 14 of the Code of the City <br /> of Redwood City Relating to Abatement of Abandoned Shopping Carts," <br /> becomes effective. <br /> <br /> (b) Term. The term of this agreement shall commence on May 3, 2002 and <br /> expire on June 30, 2003; provided that if City exercises any right and option <br /> to extend the term of the Retrieval Service Agreement, the term of this <br /> agreement shall expire upon the expiration of the extended term of the <br /> Retrieval Services Agreement. Notwithstanding the foregoing, if the Retrieval <br /> Service Agreement is terminated prior to the expiration of its initial or any <br /> extended term, as the case may be, this agreement shall terminate and <br /> Participating Owner shall thereupon be deemed a non-Participating Owner <br /> under the Ordinance, and the exemptions from the provisions of Sections <br /> 14.122 and 14.123 of the Ordinance provided hereunder shall likewise <br /> terminate, it being the understanding and intent of the parties that the term of <br /> this agreement shall run concurrently with the term of the Retrieval Service <br /> Agreement. If, however, City shall enter into a succeeding Retrieval Service <br /> Agreement, the term of this agreement shall correspond to, and run <br /> concurrently with, the term of any such succeeding Agreement. City shall give <br /> Participating Owner notice of the effective date of the extension of the, or a <br /> succeeding, Retrieval Service Agreement not less than thirty (30) days prior to <br /> such date. <br /> <br /> F:AttyCD/Agmt/Agmt-519 - code-enforce-contract-4/15 8 <br /> <br /> <br />