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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022
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<br />Owner will keep any excess proceeds. Owner understands that all disaster related funding,
<br />including that for debris removal from private property, is subject to audit.
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<br />4. Hold Harmless. The City shall not be liable for, and Owner shall indemnify and hold harmless
<br />the City, the County, the United States Government, the Federal Emergency Management Agency
<br />(FEMA), subcontractors, employees and volunteers, against any and all claims, deductibles, self-
<br />insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens, labor disputes,
<br />losses, damages, expenses, personal injury, charges or costs of any kind or character, including
<br />attorneys’ fees and court costs (herein collectively referred to as “Claims”), which arise out of or
<br />are in any way connected to actions arising out of this Permit, and hereby release, discharge and
<br />waive any claims and action, in law or equity, arising therefrom. Owner shall make Owner’s best
<br />efforts to mark any sewer lines, utilities, septic tanks and water lines located on the Premises.
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<br />5. No City Assumption of Liability for Remediation. In consideration of the assistance the City is
<br />providing to Owner under this Permit, at no cost to Owner, the City assumes no liability or
<br />responsibility, and Owner shall not seek to recover from the City, Alameda County, the United
<br />States Government, the Federal Emergency Management Agency (FEMA), the State of California,
<br />National Resource Conservation Service, CalFire, California Conservation Corps, California
<br />Department of Corrections and Rehabilitation or any of their officers, agencies, agents, contractors,
<br />subcontractors, employees and volunteers, the costs of any remediation of damages to the
<br />Premises incurred due to actions taken pursuant to this Permit.
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<br />6. City Agents. Any person, firm, or corporation authorized to work upon the Premises by the City
<br />shall be deemed to be the City’s agent, including but not limited to California Environmental
<br />Protection Agency and its contractors, National Resource Conservation Service, CalFire, California
<br />Conservation Corps, California Department of Corrections and Rehabilitation and shall be subject
<br />to all applicable terms hereof.
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<br />7. Authority. Owner represents and warrants that it has full power and authority to execute and
<br />fully perform its obligations under this Permit pursuant to its governing instruments, without the
<br />need for any further action, and that the person(s) executing this Permit on behalf of Owner are
<br />the duly designated agents of Owner and are authorized to do so, and that fee title to the Premises
<br />vests solely in Owners.
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<br />8. Entire Agreement. This Permit constitutes the entire agreement between the parties with respect
<br />to the subject matter hereof, and all prior or contemporaneous agreements, understandings and
<br />representations, oral or written, are superseded.
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<br />9. Modification. The provisions of this Permit may not be modified, except by a written instrument
<br />signed by both parties.
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<br />10. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction
<br />to be invalid or unenforceable, the remainder of the Permit shall not be affected thereby. Each
<br />provision shall be valid and enforceable to the fullest extent permitted by law.
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