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a. City consultation with federal and state regulatory agencies. The Owners shall <br /> not commence any actions to remove the Improvements or restore the City's <br /> golf course property until the City consults with and receives approval, as <br /> needed, from federal and state agencies with jurisdiction over the City's golf <br /> course. <br /> i. If a federal or state agency with jurisdiction over the City's golf course <br /> requires reports, studies, investigations or mitigation plans as a result <br /> of the construction of the Improvements, the removal of the <br /> Improvements, or the restoration of the City's golf course, the Owners, <br /> or Owners' agents, shall undertake and diligently pursue such work at <br /> Owners' expense. <br /> b. Diligence. Once the City, federal and state agencies with jurisdiction, provide <br /> their approval for the removal of the Improvements and the restoration of the <br /> City's golf course property, Owners or Owners' contractors and agents, shall <br /> undertake such work and diligently pursue such work until completed. <br /> c. Right of Entry. City grants Owners and Owners' contractors and agents the <br /> right to enter the affected portions of the City's golf course property to remove <br /> the Improvements and restore the City's golf course property subject to the <br /> requirements of this Section 1. Equipment shall enter the City's golf course <br /> property from the Owners' property, and shall not use any cart paths. <br /> i. Before commencing any such work, Owners or Owners' contractors or <br /> agents shall provide the City with 24 hours advance notice by email at <br /> osd@cityofpleasantonca.gov and by phone at (925) 931-5565. <br /> 2. Indemnification. Owners shall indemnify, hold harmless and defend City. its <br /> officials, employees and agents against any and all suits, claims, liabilities or damages <br /> of any kind, including the cost, expenses and attorney fees of defense, in any action <br /> brought against City in connection with this Agreement, Owners' or Owners' <br /> contractors or agents actions or inaction in the removal of the Improvements and <br /> restoration of the public property, and any fines or penalties levied by a federal or state <br /> regulatory agency for Owner's unpermitted construction of the Improvements. <br /> 3. Waiver. No failure of City to enforce any term of this Agreement shall be <br /> deemed a waiver. <br /> 4. Notices. Any notice that either party may or is required to give, shall be given by <br /> mail, postage prepaid, at the addresses shown below, or at such other places <br /> designated by the parties from time to time as follows: <br /> 2 <br />