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Alameda CTC Agreement No.A26-00XX <br /> ARTICLE IV:OTHER PROVISIONS <br /> A. INDEMNITY BY RECIPIENT <br /> Neither AT,AMEDA CTC,nor the COMMISSION,any officer,consultant,agent,or employee thereof <br /> shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done <br /> by RECIPIENT in connection with the Measure B funds distributed to RECIPIENT pursuant to this <br /> AGREEMENT. It is also understood and agreed,pursuant to Government Code Section 895.4,RECIPIENT <br /> shall fully defend,indemnify and hold harmless ALAMEDA CTC,the COMMISSION,and all its officers,agents, <br /> and employees, from any liability imposed on ALAMEDA CTC for injury(as defined in Government Code <br /> Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with <br /> the Measure B funds distributed to RECIPIENT pursuant to this AGREEMENT. <br /> C. INDEMNITY BY ALAMEDA CTC <br /> Neither RECIPIENT,nor its governing body,elected officials,any officer,consultant,agent,or <br /> employee thereof shall be responsible for any damage or liability occurring by reason of anything done or <br /> omitted to be done by ALAMEDA CTC under or in connection with any work,authority or jurisdiction <br /> delegated to ALAMEDA CTC under this AGREEMENT.It is also understood and agreed,pursuant to <br /> Government Code Section 895.4,ALAMEDA CTC shall fully defend,indemnify,and hold harmless <br /> RECIPIENT,and its governing body,elected officials,all its officers,agents,and employees from any liability <br /> imposed on RECIPIENT for injury(as defined in Government Code Section 810.8) occurring by reason of <br /> anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,authority or <br /> jurisdiction delegated to ALAME.DA CTC under this AGREEMENT. <br /> D. JURISDICTION AND VENUE <br /> The laws of the State of California will govern the validity of this AGREEMENT,its interpretation <br /> and performance,and any other claims to which it relates.All legal actions arising out of this AGREEMENT <br /> shall be brought in a court of competent jurisdiction in Alameda County,California and the parties hereto <br /> hereby waive inconvenience of forum as an objection or defense to such venue. <br /> E. ATTORNEYS'FEES <br /> Should it become necessary to enforce the terms of this AGREEMENT,the prevailing party shall be <br /> entitled to recover reasonable expenses and attorneys'fees from the other party. <br /> F. TERM <br /> The term of this AGREEMENT shall be from July 1,2026 to December 31,2027,unless amended or <br /> terminated in writing. <br /> Page 5 of 7 <br />