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(b) Should San Carlos request that Redwood City's employee testify in litigation <br /> following the tennination of this Agreement, San Carlos shall compensate Redwood City for <br /> employees' costs and expenses in preparing for, traveling to, and testifying in such matters at the <br /> employee's then current hourly rate of compensation, unless such litigation is brought by <br /> Redwood City or is based solely on allegations of Redwood City's negligent perforn�ance or <br /> wrongdoing. <br /> 9. Not a Joint Venhire or Joint Powers Authoritv. The Participating Agencies <br /> intend by this Agreement to establish only a cost sharing arrangement of the Participating <br /> Agencies with regard to supervision and scene management, fire administration and support, <br /> trainin�, shared Fire Chief services, Battalion Chief services and truck services, and do not intend <br /> to create a joint powers agency, partnership, joint venture, or joint enterprise of any kind. <br /> 10. No Third Partv Beneficiarv. This Agreement is only for the benefit of the <br /> Participating Agencies as corporate entities and shall not be construed as or deemed to operate as <br /> an agreement for the benefit of any third party or parties, and no third party or parties shall have <br /> any right of action or obtain any right to benefits or position of any kind for any reason <br /> whatsoever. <br /> 11. Notices. All notices required or permitted to be given under this Agreement <br /> shall be in writing and mailed postage prepaid by certified or registered mail to the appropriate <br /> address indicated below. <br /> To San Carlos: <br /> San Carlos City Manager <br /> 600 Elm Street <br /> San Carlos, CA 94070-1309 <br /> To Redwood City: <br /> Redwood City City Manager <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> 12. Waiver. No failure on the part of any Participating Agency party to <br /> exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that <br /> any Participating Agency may have hereunder, nor does waiver of a breach or default under this <br /> Agreement consti[ute a continuing waiver of a subsequent breach of the saine or any other <br /> provision of this Agreement. <br /> 13. Amendment. No modification, waiver, mutual terniination, or amendment <br /> of this Agreement is effective unless made in writing and signed by all of the Participating <br /> Agencies. <br /> ATTV/AGR/2011.049/SAN CARLOS FIRE <br /> 061611 <br /> 5 <br />