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• <br /> 9. Fabrication and Installation Risk. If for any reason, San Leandro and the vendor of the TCD do not submit a <br /> Notice of Acceptance, or ABAG disapproves the Notice of Acceptance for a TCD, agrees that if there is any <br /> • liability to the vendor for amounts owed for the TCD or for any damages, San Leandro, and not ABAG, will <br /> be solely liable to the vendor for any amounts owed or damages caused thereby. <br /> 10. Operation and Maintenance of TCD. San Leandro agrees to provide for operation and maintenance of each <br /> • <br /> TCD acquired under this agreement throughout the useful life of the TCD (not to exceed 25 years). <br /> 11. Monitoring. See Exhibit A Scope of Work, for monitoring requirements. <br /> 12. Hold Harmless. Contractor shall hold harmless, defend and indemnify ABAG, its directors, officers, agents <br /> and employees from and against any and all liability, claims, losses, or damages arising from all acts'or <br /> omissions to act of Contractor or its officers, agents, employees or subcontractors in rendering services under <br /> this agreement, excepting liability, claims, losses or damages based solely on ABAG's acts or omissions. <br /> 13. Entire Agreement. This agreement and its attachment are entire as to the activities covered by it. This <br /> agreement supersedes any and all other agreements either oral or in writing between ABAG and San Leandro <br /> with respect to the subject matter hereof. ABAG and San Leandro acknowledge that no representations, <br /> inducements, promises or agreements, orally or otherwise, have been made to any party, or anyone acting on <br /> behalf of any party, which are not embodied.herein, and that no other contracts, statement, or promise not <br /> contained in this agreement shall be valid or binding. <br /> 14. Conflict of Interest. San Leandro covenants that presently there is no interest, and none shall be acquired, <br /> direct or indirect, which conflicts in any manner or degree with its performance as required under this <br /> agreement. San Leandro further covenants that in the performance of this agreement, no person having any <br /> interest shall be employed by it. <br /> 15. Notices. Any notices, demands, or elections required or permitted to be given or made hereunder shall be in <br /> writing, shall be personally delivered or mailed by certified or registered mail, return receipt requested, <br /> addressed to the Authorized Representatives of the respective parties as follows: <br /> ABAC <br /> San Francisco Estuary Partnership <br /> 1515 Clay Street, Suite 1400 <br /> Oakland, CA 94612 <br /> Attn.: Janet Cox, Contract Manager <br /> Phone: (510) 622 -2334 <br /> Email: jwcoxewaterboards.ca.gov <br /> City <br /> • <br /> City of San Leandro <br /> 835 E. 14th St <br /> • <br /> San Leandro, CA 94577 <br /> Attention: Michael Bakaldin <br /> Phone: (510) 577 -3331 <br /> Email: mbakaldin @sanleandro.org <br /> 3 <br /> • <br />