Agmt23 Westpoint Harbor LLC - Laserfiche WebLink

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Except as otherwise provided, Grantee, at its own cost and expense, shall be responsible for repair of any damage to Grantor’s Property (including, but not limited to, the improvements thereon) caused by, or arising out of, in any manner, Grantee, its agents, employees or contractors (collectively, “Grantee Parties” and each individually a “Grantee Party”) in maintaining or installing the Public Water Facilities or any Grantee Party’s use or access of Grantor’s Property under this Deed. C.Grantee shall bear all costs and expenses of any kind or nature incurred in connection with Grantee’s use of Grantor’s Property. Grantee shall defend, indemnify, save and hold harmless Grantor from and against any and all losses arising directly or indirectly out of or in any way relating to: (i) any act or omission of Grantee Parties in Grantee's use of Grantor’s Property; (ii) any failure by Grantee Parties to perform any of the terms, provisions, covenants or conditions of this Deed on Grantee's part; and (iii) any accident, injury or damage to persons or property caused by Grantee Parties that shall happen at, in or upon Grantor ’s Property; except, in any case, to the extent caused, contributed to or exacerbated by the negligence or willful misconduct of Grantor. Grantor shall indemnify and hold Grantee and Grantee Parties harmless from any and all losses, damages, claims, liabilities, and attorney fees incurred or suffered by Grantee as a result of any damage to the Easement Area or Public Water Facilities caused by the negligence or willful misconduct of Grantor, its members, officers, agents, employees, partners, servants, tenants, guests, invitees, successors and assigns. D.NOTICE. Any notice, approval, consent, or other communication (each, a "Notice") required or permitted to be given under this Agreement shall be in writing and may be sent (i) by personal delivery or (ii) by reputable overnight courier service for next business day delivery. All Notices shall be deemed given and delivered on the date of receipt or first rejection. Each Notice shall be addressed to the party to whom such Notice is to be given at the party's address set forth below or as such party shall otherwise direct by Notice pursuant to this Section: If to Grantee: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Attorney If to Grantor: Westpointharbor 101 Westpoint Harbor Drive Redwood City, CA 94063 Attn: Mark Sanders With a copy to: Paul Hastings LLP 48th Floor REV: 07-12-2023 JB ATTY/AGR.2023.177/West Point Harbor (PSE) (Page 2 of 12)