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It is mutually agreed: <br /> - Neither COSL nor any officer or employee thereof shall be responsible for any damage or liability <br /> occurring by reason of anything done or omitted to be done by ACTC under or in connection with any <br /> work, authority or jurisdiction delegated to ACTC under this MOU. It is understood and agreed that <br /> pursuant to Government Code section 895.4, ACTC shall fully defend, indemnify, and save harmless <br /> COSL from all suits or actions of every name, kind and description brought on, for, or on account of <br /> injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to <br /> be done by ACTC under or in connection with any work, authority or jurisdiction delegated to ACTC <br /> under this MOU. <br /> - Neither ACTC nor any officer or employee thereof shall be responsible for any damage or liability <br /> occurring by reason of anything done or omitted to be done by COSL under or in connection with any <br /> work, authority, or jurisdiction delegated to COSL under this MOU. It is understood and agreed that <br /> pursuant to Government Code section 895.4, COSL shall fully defend, indemnify, and save harmless <br /> ACTC from all suits or actions of every name, kind and description brought on, for, or on account of <br /> injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to <br /> be done by COSL under or in connection with any work, authority or jurisdiction delegated to COSL <br /> under this MOU. <br /> - Upon termination of this MOU, all documents, including raw data and draft plans, prepared up to the <br /> time of termination shall become the property of the ACTC. Notwithstanding the above, ACTC agrees to <br /> provide copies of any and all such documents, raw data and draft plans to COSL upon request and at 110 <br /> expense to COSL. <br /> - The validity of this MOU and of any of its terms and provisions, as well as the rights and duties of the <br /> parties hereunder, shall be governed by the laws of the State of California. <br /> - This MOU contains the entire understanding between the Parties, and no oral understanding or <br /> agreement not incorporated herein shall be binding on any of the Parties hereto. No alteration or variation <br /> of the terms of this MOU shall be valid unless made in writing and signed by both of the Parties hereto. <br /> This MOU shall be binding upon each Party, their legal representatives, and successors. <br /> - This MOU shall terminate upon the satisfactory completion of all post- PROJECT construction, except <br /> that the ownership, operation, maintenance, indemnification, environmental commitments, legal <br /> challenges and claims items shall remain in effect until terminated or modified, in writing by mutual <br /> agreement. Should any construction related or other claims arising out of the PROJECT be asserted <br /> against one of the Parties, the Parties agree to extend the fixed termination date of this MOU, until such <br /> time as the construction related or other claims are settled or dismissed. <br />