Agmt07 Peninsula Traffic Congestion Relief Alliance - Redwood City Pilot Shuttle Program

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(b) If the OPERATOR, ALLIANCE and/or CITY contemplate any change in the level of service, type of service or cost of service during the next fiscal year which results in an increase in the total amount of operating expenses for the SHUTTLE PROGRAM, such change(s) shall not be implemented until all funding for payment of the cost thereof has been obtained or assured to the satisfaction of CITY. 4. Mutual Indemnification/Insurance. (a) Neither CITY nor any officer, employee, agent or contractor of CITY shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALLIANCE in the performance of its duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, ALLIANCE shall fully indemnify, defend, and hold CITY and its officers, employees, agents and contractors harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ALLIANCE in the performance of its duties and responsibilities under this Agreement. (b) Neither ALLIANCE nor any officer, employee, agent or contractor of ALLIANCE shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY in the performance of its duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold ALLIANCE and its officers, employees, agents and contractors harmless from any liability imposed for injury (as defined in Government code Section 810.8) occurring by reason of anything done omitted to be done by CITY in the performance of its duties and responsibilities under this Agreement. (c) ALLIANCE shall maintain Commercial General Liability (CGL) insurance with a limit of $2 million and automobile liability coverage during the term of this Agreement. ALLIANCE shall name Redwood City, and its officers, employees, agents and volunteers as additional insureds on its CGL policy. Modification or Termination of Agreement. This Agreement can be modified only by a written amendment hereto duly executed by both of the parties. This Agreement shall remain in effect until terminated by either party giving not less than sixty (60) days written notice of termination to the other party. 6. Notice. Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. Mail, registered or certified, postage prepaid, addressed to the other party at its address noted below and shall be deemed to Peninsula Traffic Congestion Relief Alliance Page 6 January 2007 HANSONSF_1302526_2 (2).doc 1302526.2