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<br />specifications must be approved by EBDA prior to commencement of any construction work <br /> <br />conducted under this Agreement. <br /> <br />3. Costs <br />City shall be responsible for all costs of planning, construction and operation of the <br /> <br /> <br />connection including, but not limited to, the costs of all EBDA consultants, EBDA legal <br /> <br /> <br />counsel, and EBDA staff time related to the preparation and implementation of this Agreement. <br /> <br /> <br />City will, within 30 days of presentment of a statement, reimburse EBDA for any and all costs <br /> <br />or expenses incurred by it under the terms of this Agreement. <br /> <br />4. Reduced Costs for Dechlorination <br /> <br /> <br />All member agencies ofEBDA, including City, shall share in any cost savings due to the <br /> <br /> <br />reduction in EBDA's dechlorination requirements brought about by the implementation of this <br /> <br /> <br />Agreement as provided by the EBDA Water Recycling Policy. <br /> <br /> <br />5. Operation and Maintenance Costs ofEBDA System <br /> <br /> <br />For purposes of the sharing of operation and maintenance costs of the EBDA system, <br /> <br /> <br />City shall report to EBDA its normal flow (without reduction or offset due to the removal of <br /> <br /> <br />wastewater under the terms of this Agreement and as described in the Water Recycling Policy). <br />6. Indemnification <br /> <br />City will defend, indemnify and hold EBDA, its commissioners, officers, employees <br /> <br />contractors, its member agencies, and its officers, and directors harmless from any and all <br /> <br />damages and liabilities incurred by EBDA as a result of the installation, operation, and <br /> <br /> <br />maintenance of the tap in connection described in this Agreement including, but not limited to, <br /> <br /> <br />legal, engineering, administrative expenses, fines, and damages incurred by EBDA as a result of <br /> <br /> <br />any cease and desist order or court injunction or order from any federal, state, regional, or local <br /> <br /> <br />agency resulting from the performance of this Agreement. City shall also be responsible for <br /> <br />EBDA/San Leandro Water Recycling <br /> <br />2 <br /> <br />September 7, 2006 <br />