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employees from any and all claims for injuries to persons and/or damage to property caused <br /> by or alleged to be caused by San Carlos, its officers, agents and/or employees and which <br /> occurred prior to the Transfer Date. <br /> 3.2 Redwood City will defend, hold harmless and indemnify San Carlos, its officers,agents and/or <br /> employees from any and all claims for injuries to persons and/or damage to property, which <br /> arise out of the terms and conditions of this Agreement and which result from the negligent <br /> acts or omissions of Redwood City, its officers, agents, and/or employees. <br /> 3.3 In the event of the concurrent negligence of San Carlos,its officers,agents and/or employees, <br /> and Redwood City, its officers, agents and /or employees, then the liability for any and all <br /> claims for injuries or damages which arise out of the terms and conditions of this Agreement <br /> will be apportioned under California's Theory of Comparative negligence as presently <br /> established or may be hereafter modified. <br /> 4. TERMINATION OF AGREEMENT. <br /> 4.1.1 This Agreement will terminate upon the completion of the transfer of San Carlos employees <br /> listed herein to Redwood City employment. Notwithstanding the foregoing, however, the <br /> parties agree that the following provision will survive the termination of the Agreements: <br /> Section 2.6.1: Eligibility for San Carlos Longevity Incentive Benefit;Section 2.18 No Obligation <br /> Clause; and Section 3: Indemnity. <br /> 5. NOTICES. <br /> All notices required or permitted to be given under this Agreement will be in writing and <br /> mailed postage prepaid by certified or registered mail to the appropriate address indicated <br /> below. <br /> To San Carlos: <br /> San Carlos City Manager <br /> 600 Elm Street <br /> San Carlos,CA 94070-1309 <br /> To Redwood Citv: <br /> Redwood City City Manager <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> 6. WAIVER. <br /> No failure on the part of any Participating Agency party to exercise any right or remedy <br /> hereunder will operate as a waiver of any other right or remedy that any Participating Agency <br /> may have hereunder, nor does waiver of a breach or default under this Agreement constitute <br /> ATTY/AGR/2013.100/RWC-SAN CARLOS AGREEMENT TRANSFER OF PERSONNEL REV:06-18-13 VR Page 9 of 12 <br />