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9. Fabrication and Installation Risk. If for any reason, Redwood City and the vendor of the TCD do not submit <br /> a Notice of Acceptance, or ABAG disapproves the Notice of Acceptance for a TCD, agrees that if there is any <br /> liability to the vendor for amounts owed for the TCD or for any damages, Redwood City, and not ABAG, will <br /> be solely liable to the vendor for any amounts owed or damages caused thereby. <br /> 10. Operation and Maintenance of TCD. Redwood City agrees to provide for operation and maintenance of each <br /> TCD acquired under this agreement throughout the useful life of the TCD (not to exceed 25 years). <br /> 11. Monitoring. See Exhibit A, Scope of Work, for monitoring requirements. <br /> 12. Hold Harmless. Contractor shall hold harmless, defend and indemnify ABAG, its directors, officers, agents <br /> and employees from and against any and all liability, claims, losses, or damages arising from all acts or <br /> omissions to act of Contractor or its officers, agents, employees or subcontractors in rendering services under <br /> this agreement, excepting liability, claims, losses or damages based solely on ABAG's acts or omissions. <br /> 13. Entire Agreement. This agreement and its attachment are entire as to the activities covered by it. This <br /> agreement supersedes any and all other agreements either oral or in writing between ABAG and Redwood <br /> City with respect to the subject matter hereof. ABAG and Redwood City acknowledge that no <br /> representations, inducements, promises or agreements, orally or otherwise, have been made to any party, or <br /> anyone acting on behalf of any party, which are not embodied herein, and that no other contracts, statement, <br /> or promise not contained in this agreement shall be valid or binding. <br /> 14. Conflict of Interest. Redwood City covenants that presently there is no interest, and none shall be acquired, <br /> direct or indirect, which conflicts in any manner or degree with its performance as required under this <br /> agreement. Redwood City further covenants that in the performance of this agreement, no person having any <br /> interest shall be employed by it. <br /> 15. Notices. Any notices, demands, or elections required or permitted to be given or made hereunder shall be in <br /> writing, shall be personally delivered or mailed by certified or registered mail, return receipt requested, <br /> addressed to the Authorized Representatives of the respective parties as follows: <br /> ABAG <br /> San Francisco Estuary Partnership <br /> 1515 Clay Street, Suite 1400 <br /> Oakland, CA 94612 <br /> Attn.: Janet Cox, Contract Manager <br /> Phone: (510) 622 -2334 <br /> Email: iwcox(a,,waterboards.ca.gov <br /> City /County <br /> City of Redwood City <br /> Public Works Services Dept 1400 Broadway <br /> Redwood City, CA 94063 <br /> Attention: Marilyn Harang <br /> Phone: (o50 • 180 '3 <br /> Email: Y1r% 0 alfl - . Q • • . J <br /> 3 <br />