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<br />6.1D <br />Page 6 <br /> <br />affect cost, progress, production or furnishing of Materials or which relate to any <br />aspect of the design and the means, methods, techniques, sequences or <br />procedures of production and delivery to be employed by Supplier and safety <br />precautions and programs incident thereto. <br /> <br />B. Supplier has considered the production of the Materials or other factors which may <br />affect the cost, progress, production or furnishing of Materials, as Supplier considers <br />necessary for the furnishing of Materials at the Contract prices and in accordance <br />with the other terms and conditions of Contract Documents, including specifically <br />the provisions of the General Conditions. <br /> <br />V. CONTRACT DOCUMENTS <br /> <br />The Contract Documents which comprise the entire agreement between City and Supplier <br />concerning the Work consist of the following: <br /> <br />A. Contract Documents consist of the following documents: Exhibit A. <br /> <br />VI. INDEMNIFICA nON <br /> <br />A. Supplier will defend, indemnify and hold harmless City and its officers, agents, <br />employees and volunteers from and against all claims, damages, losses and <br />expenses including attorney fees arising out of the provision of Materials and <br />Supplies and performance of the Services, caused in whole or in part by the willful <br />misconduct or any negligent act or omission of the Supplier, any subcontractor, <br />anyone directly or indirectly. employed by any of them or anyone for whose acts <br />any of them may be liable, except where caused by the active negligence, sole <br />negligence, or willful misconduct of City. <br /> <br />VII. MISCELLANEOUS <br /> <br />A. It is understood and agreed that in no instance is any person, signing this <br />Agreement for or on behalf of City or acting as an employee or representative of <br />City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is <br />further understood. <br /> <br />B. This Contract shall be deemed to have been entered into in the County of San <br />Mateo, and governed in all respects by California law (excluding conflicts of laws). <br />Any action at law or in equity brought by either of the parties will be tried in a court <br />of competent jurisdiction in the County of San Mateo, and the parties waive all other <br />provisions of law providing for a change of venue in these proceedings to any other <br />county. <br /> <br />04/12/10 DRAFT - DELGADO (Easterbrook) 2 <br />Atty/Agr/2008.054 <br />072808 <br />