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4. Liability. Zone 7 shall indemnify, hold harmless and defend City, its <br />officials, their agents and employees against any and all claims for liability, for any injury <br />to or death of any person, or damage to any property whatsoever caused by, created by or <br />in any way connected with the use of the Property by Zone 7, its employees, or invitees. <br /> 5. Ordinances and Statutes. Zone 7 shall comply with all ordinances and <br />requirements of the City currently in force, or which may hereafter be in force, pertaining <br />to the Property, occasioned by or affecting the use thereof by Zone. <br /> 6. Termination by City. City may terminate this Agreement at any time for <br />any reason upon serving ninety (90) days prior written notice to Zone 7. Upon expiration <br />of such ninety (90) day period, Zone 7 shall immediately cease the use of the Property <br />and shall immediately restore the Property to the condition it was in prior to the <br />commencement of this Agreement. Zone 7 shall repair or pay for all repairs necessary to <br />restore the Property. <br /> <br /> 7. Termination by Zone 7. Zone 7 may terminate this Agreement at any time <br /> for any reason by serving on City a notice of an election so to terminate. Zone 7 shall <br /> immediately restore the Property to the condition it was in prior to the commencement of <br /> this Agreement. Zone 7 shall repair and pay for all repairs necessary to restore the <br /> Property. <br /> <br /> 8. Attorney's Fees. In case suit should be brought because of any act which <br /> may arise out of Zone 7's use of the Property, the prevailing party shall be entitled to all <br /> costs incurred in connection with such action, including a reasonable attorney's fees. <br /> <br /> 9. Waiver. No failure of City to enforce any term hereof shall be deemed to <br />be a waiver. <br /> <br /> 10. Notices. Any notice which either party may or is required to give, shall be <br />given by mailing the same, postage prepaid, to Zone 7 or to City at the addresses shown <br />below, or at such other places designated by the parties from time to time as follows: <br /> <br />Zone 7: <br /> <br />Alameda County Flood Control <br />& Water Conservation District, Zone 7 <br />5997 Parkside Drive <br />Pleasanton, CA 94588 <br />Attn: General Manager <br /> <br />City: <br /> <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br /> <br /> <br />