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04/09/2012 <br /> EXHIBIT 1 <br /> 8. Amendment <br /> This Agreement may be modified only in writing and by mutual consent of all parties to this <br /> Agreement. <br /> 9. Hold Harmless/ Indemnity <br /> C/CAG shall indemnify and save harmless CITY and the COIJNTY, their agents, officers, and <br /> employees from all claims, suits or actions related to or arising from performance or non- <br /> performance under this Agreement. <br /> The COIJNTY shall indemnify and save harmless CITY and its agents, officers, and employees, <br /> from all claims, suits or actions related to or arising from performance or non-performance under <br /> this Agreement. <br /> After acceptance of the Upgraded Equipment, CITY shall indemnify and save harmless GCAG <br /> and the COLJNTY, their agents, officers, and employees from all claims, suits or actions to the <br /> extent related to or arising from CITY's performance or non-performance under this Agreement, <br /> except during construction of New and Upgraded Equipment and except when CalTrans takes <br /> control of said equipment. <br /> Nothing in this Agreement is intended to alter or decrease CalTrans' obligations under law. <br /> (SlGNATURES ON THE NEXT PAGEJ <br /> ATTY/AGRI2012.025/SMART CORRIDORS CCAG <br /> REV:03-15-12 VR <br /> Page 6 of 7 <br /> RESO. # 15181 <br /> MUFF # 304 <br />