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<br />. <br /> <br />e <br /> <br />City of San Leandro <br />Grant Agreement No. 05-012 <br />Page 9 <br /> <br />EARLY TERMINATION AND FAILURE TO PERFORM (Continued) <br /> <br />consider extenuating circumstances and not require repayment for work partially <br />completed. This paragraph shall not be deemed to limit any' other remedies the <br />Conservancy may have for breach of this agreement. <br /> <br />OPERA TION AND MAINTENANCE <br /> <br />Upon completion of the project the grantee shall work with the Conservancy's Invasive <br />Spartina Project to continue control efforts on the project site(s) and shall continue to <br />regularly monitor the site(s) for re-infestations of invasive Spartina throughout the term <br />, of this agreement and shall notify the Conservancy in the event of any re-infestation. <br /> <br />INSPECTION <br /> <br />Throughout the term of this agreement, the Conservancy shall have the right to inspect <br />the project area to ascertain compliance with this agreement., <br /> <br />INDEMNIFICA TION AND HOLD HARMLESS <br /> <br />The grantee shall be responsible for, indemnify and save harmless the Conservancy, its <br />officers, agents, and employees from any and all liabilities, claims, demands, damages, or <br />costs, including, without limitation, litigation costs and attorneys fees, resulting from or <br />arising out of the willful ,or negligent acts or omissions of the grantee, its officers, agents, <br />contractors, subcontractors, and employees, or in any way connected with or incident to <br />this agreement, except for the active negligence of the Conservancy, its officers, agents, <br />or employees. The duty of the grantee to indemnify and save harmless includes the duty <br />to defend as set forth in Civil Code Section 2778. This agreement supersedes the' ' <br />grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and <br />contribution (see Gov. Code Section 895.6) as provided in Gov. Code Section 895.4. <br /> <br />The grantee waives any and all rights to any type of express or implied indemnity or right <br />of contribution from the State, its officers, agents, or employees, for any liability <br />resulting from, growing out of, or in any way connected with or incident to this <br />agreement. <br /> <br />Nothing in this agreement is intended to create in the public or in any member of it rights <br />as a third party l:>eneficiary under this agreement. <br />