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<br />NOW, THEREFORE, in consideration of these recitals, the Parties agree as
<br />follows:
<br />
<br />1. The City, in consideration of One Dollar ($1.00) and other good and valuable
<br />consideration, receipt of which is hereby acknowledged, does hereby grant, bargain,
<br />sell, and assign to Buyer, his successors and assigns, the retired City police dog known
<br />as "Bacchus," a 12 year old German Shepherd, together with all kennel and housing
<br />equipment installed at Buyer's residence by City for the use of said canine. Buyer shall
<br />be solely responsible for all care of and expenses related to Bacchus from and after the
<br />date of this agreement.
<br />
<br />2. As is. The canine is transferred in "as is" condition for Buyer's personal use. It is
<br />understood that this canine was removed from police service due to age, performance,
<br />or disability which made such canine unqualified for further police purposes.
<br />Accordingly, Buyer agrees that he will not attempt to use, or use, said canine for police
<br />purposes.
<br />
<br />3. Indemnification. Buyer shall indemnify, defend, protect, and hold harmless the
<br />City, its elected and appointed officials, officers, agents, and employees, and volunteers
<br />(hereinafter collectively referred to as "Releasees") from and against any and all
<br />liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments,
<br />liens, levies, costs, and expenses of whatever nature, including reasonable attorneys'
<br />fees and disbursement, which the Releasees may suffer or incur or to which the
<br />Releasees may become subject by reason of or arising out of any failure to comply with
<br />applicable law, any injury to or death of persons, or loss of, or damage to, property,
<br />arising out of activities of, or related to, said canine occurring after transfer of said
<br />canine to Buyer by City.
<br />
<br />4. Jurisdiction and Venue. Any action at law or in equity brought by either of the
<br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will
<br />be tried in a court of competent jurisdiction in the County of San Mateo, State of
<br />California, and the Parties waive all provisions of law providing for a change of venue in
<br />these proceedings to any other county.
<br />
<br />5. Severabilitv. The invalidity, illegality, or unenforceability, of any provision of this
<br />agreement shall not render the other provisions invalid, illegal or unenforceable.
<br />
<br />Dated:
<br />
<br />P/I2-/ ,2009
<br />
<br />~~
<br />Steve Unga, Tr feree
<br />
<br />Atty/Agr/2009.004
<br />012909
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