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6. Not a Joint Venture or Joint Powers Authority. The parties intend by this <br /> Agreement to establish only an Agreement to contract for Fire Marshal services, and do <br /> not intend to create a joint powers agency, partnership, joint venture, joint enterprise, or <br /> special relationship of any kind. <br /> 7. Waiver. No failure on the part of either party to exercise any right or <br /> remedy hereunder shall operate as a waiver of a breach or default under this Agreement <br /> is effective unless made in witting and signed by both agencies. <br /> 8. Amendment. No modification, waiver, mutual termination, or amendment <br /> of this Agreement is effective unless made in writing and signed by both agencies. <br /> 9. Indemnification. <br /> A. When the designated Fire Marshal is performing duties as City's Fire Marshal, <br /> City is responsible for the costs of defense and any liability arising out of those <br /> services (including any workers compensation liability Fire JPA may incur as a <br /> result of injury to designated Fire Marshal suffered while performing duties as <br /> City's designated Fire Marshal). In the event of a dispute as to whether <br /> applicable law requires City to provide indemnity and a defense to the <br /> designated Fire Marshal, such dispute shall be resolved between City and the <br /> designated Fire Marshal and City shall indemnify and defend Fire JPA from <br /> and against any obligation to defend and indemnify the designated Fire <br /> Marshal that may otherwise be required of Fire Marshal by virtue of this <br /> Agreement. <br /> B. When the Fire Marshal is performing duties as Fire JPA's Fire Marshal, Fire <br /> JPA is responsible for the. costs of defense and any liability arising out of those <br /> services to the extent required by applicable law. In the event of a dispute as <br /> to whether applicable law requires Fire JPA to provide indemnity and a <br /> defense to the designated Fire Marshal, such dispute shall be resolved <br /> between Fire JPA and the designated Fire Marshal and Fire JPA shall <br /> indemnify and defend City from and against any obligation to defend and <br /> indemnify the designated Fire Marshal that may otherwise be required of City <br /> by virtue of this Agreement. <br /> C. The parties specifically waive right to a pro rata allocation of liability under Cal. <br /> Gov't Code section 895.6. <br /> D. The parties expressly agree that this section shall survive the expiration or <br /> early termination of the Agreement. <br /> 10. Insurance Requirements. Parties shall obtain and maintain for the <br /> duration of the Agreement and any and all amendments, insurance against claims for <br /> injuries to persons or damage to property which may arise out of or in connection with <br /> performance by the Parties in the amounts specified below: <br /> ATfY /AGR/2011. 043 Belmont SC Fire Marshal <br /> 051311 3 <br />