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Alameda CTC Agreement No. A26-00XX <br />Page 7 of 9 <br />2026 MPFA <br /> <br /> <br /> <br /> <br /> <br />ARTICLE IV: OTHER PROVISIONS <br /> <br />A. GEOGRAPHIC BREAKDOWN <br /> <br />In all cases the geographic breakdown by subarea is as follows: <br />1. North Area refers to the Cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and <br />Piedmont. <br /> <br />2. Central Area includes the Cities of Hayward and San Leandro, and the unincorporated area <br />of Castro Valley, as well as other unincorporated lands governed by Alameda County in the Central Area. <br /> <br />3. South Area includes the Cities of Fremont, Newark, and Union City. <br /> <br />4. East Area includes the Cities of Livermore, Dublin, and Pleasanton, and all unincorporated <br />lands governed by Alameda County in the East Area. <br /> <br />B. INDEMNITY BY RECIPIENT <br /> <br />Neither ALAMEDA 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 BB or VRF 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 BB or VRF funds distributed to RECIPIENT pursuant to this AGREEMENT. <br /> <br />C. INDEMNITY BY ALAMEDA CTC <br /> <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 ALAMEDA CTC under this AGREEMENT. <br /> <br />D. JURISDICTION AND VENUE <br /> <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 />Page 67 of 846