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2) Neither the City nor the City manager (or his designee) shall receive any <br />compensation for the services herein described. <br />3) Notwithstanding the above, EBDA may, at its sole discretion, reimburse the <br />City for the costs incurred by the City for the total compensation and overhead accrued by the <br />City in using City personnel to provide the above described services. <br />4) The City shall indemnify, defend and hold harmless EBDA and its officers, <br />employees and agents from any claims, losses or damages arising out of the City's performance <br />of this Agreement. This indemnification provision shall survive any termination of this <br />Agreement. <br />5) This agreement shall become effective January 1, 2008, and shall remain in <br />force until terminated by either party upon ninety (90) days written notice from one parry to the <br />other. <br />6) All notices shall be deemed to have been given and received when made in <br />writing and deposited in the United States mail, certified, and postage prepaid and addressed to <br />the respective parties as follows: <br />EBDA: Chairperson <br />East Bay Dischargers Authority <br />2651 Grant Avenue <br />San Lorenzo, CA 94580-1841 <br />The City: Mayor <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this <br />day of , 2007. <br />2 <br />