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Agmt03 City of Belmont
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Agmt03 City of Belmont
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Last modified
7/5/2005 2:56:38 PM
Creation date
9/11/2003 1:49:56 PM
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Template:
Agreement
Contractor Name
City of Belmont
PROJECT NAME
Ralston Avenue interchange
RMP File Number
304
Date
9/8/2003
MO Ref
03-185
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liability of either party to the Agreement by imposing any standard of care with respect <br />to the development, design, construction, operation, or maintenance of State highways <br />and public facilities different from the standard of care imposed by law. <br /> <br />31. Neither Redwood City nor any officer or employee thereof is responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by <br />Belmont under or in connection with any work, authority or jurisdiction delegated to <br />Belmont under this Agreement. It is understood and agreed that pursuant to <br />Government Code Section 895.4, Belmont shall fully defend, indemnify and save <br />harmless Redwood City and all its officers and employees from all claims suits or <br />actions of every name, kind and description brought for or on account of injury (as <br />defined in Government Code Section 810.8) occurring by reason of anything done or <br />omitted to be done by Belmont under or in connection with any work, authority or <br />jurisdiction delegated to Belmont under this Agreement. <br /> <br />32. Neither Belmont nor any officer or employee thereof is responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by <br />Redwood City under or in connection with any work, authority or jurisdiction <br />delegated to Redwood City under this Agreement. It is understood and agreed that, <br />pursuant to Government Code Section 895.4, Redwood City shall fully defend, <br />indemnify and save harmless Belmont from all claims, suits or actions of every name, <br />kind and description brought for or on account of injury (as defined in Government <br />Code Section 810.8) occurring by reason of anything done or omitted to be done by <br />Redwood City under or in connection with any work, authority or jurisdiction <br />delegated to Redwood City under this Agreement. <br /> <br />33. No alteration or variation of the terms of this Agreement shall be valid unless <br />made in writing and signed by the parties hereto and no oral understanding or <br />agreement not incorporated herein shall be binding on any of the parties hereto. <br /> <br />34. Those portions of this Agreement pertaining to the construction of Project shall <br />terminate upon completion and acceptance of the construction contract for Project by <br />Redwood City, or on June 30, 2007, whichever is earlier in time. However, the <br />ownership, operation, maintenance, indemnification, and claims clauses shall remain in <br />effect unless terminated or modified, in writing, by mutual agreement. Should any <br />construction related claim arising out of Project be asserted, Redwood City and Belmont <br />agree to extend the termination date of this Agreement and provide additional funding <br />as required to cover their respective shares of those additional costs or to execute a <br />subsequent agreement to cover those eventualities. <br /> <br />35. Redwood City and Belmont will retain or caused to be retained for audit by State <br />or other government auditors for a period of three (3) years from the date of FHWA <br />payment of final voucher, or four (4) years from date of final payment under the <br /> <br />F:Atty/Agr/Agr.149 <br />080503 L.BECK 14 <br /> <br /> <br />
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