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Alameda CTC Agreement No.Al2-0032 <br /> SECTION IV <br /> IT IS MUTUALLY AGREED: <br /> 1. All obligations of Alameda CTC under the terms of this MOU are based on the <br /> assumption that the funds required for the Safe Routes to Schools expansion will be provided by the <br /> COSL Measure B Bicycle and Pedestrian funds, and other monies may not be available to fund the <br /> program. <br /> 2. If there are any cost increases above the estimated program cost,COSL and Alameda <br /> CTC shall consult with each other to determine a course of action and cost responsibilities. Such <br /> determination will be incorporated into this MOU by a written amendment. <br /> 3. If this MOU is terminated by mutual consent of the parties,the Alameda CTC will return <br /> to COSL all Measure B Bicycle and Pedestrian funds then provided by COSL after deducting expenses <br /> incurred by Alameda CTC for the expansion of the Safe Routes to School Program in San Leandro prior to <br /> such termination. <br /> 4. Neither COSL nor any officer or employee thereof shall be responsible for any damage <br /> or liability occurring by reason of anything done or omitted to be done by Alameda CTC under or in <br /> connection with any work,authority or jurisdiction delegated to Alameda CTC under this MOU. It is <br /> understood and agreed that pursuant to Government Code section 895.4,Alameda CTC shall fully <br /> defend, indemnify, and save harmless COSL from all suits or actions of every name, kind and description <br /> brought on,for,or on account of injury(as defined in Government Code section 810.8) occurring by <br /> reason of anything done or omitted to be done by Alameda CTC under or in connection with any work, <br /> authority or jurisdiction delegated to Alameda CTC under this MOU. <br /> 5. Neither Alameda CTC nor any officer or employee thereof shall be responsible for any <br /> damage or liability occurring by reason of anything done or omitted to be done by COSL under or in <br /> connection with any work,authority or jurisdiction delegated to COSL under this MOU. It is understood <br /> and agreed that pursuant to Government Code section 895.4,COSL shall fully defend, indemnify, and <br /> save harmless Alameda CTC from all suits or actions of every name, kind and description brought on,for, <br /> or on account of injury(as defined in Government Code Section 810.8)occurring by reason of anything <br /> done or omitted to be done by COSL under or in connection with any work, authority or jurisdiction <br /> delegated to COSL under this MOU. <br /> 6. The validity of this MOU and of any of its terms and provisions, as well as the rights and <br /> duties of the parties hereunder, shall be governed by the laws of the State of California. <br /> 7. This MOU contains the entire understanding between COSL and Alameda CTC, and no <br /> oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. <br /> No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by <br /> both of the parties hereto. This MOU shall be binding upon each party,their legal representatives, and <br /> successors. <br /> 8. This MOU shall terminate on June 30, 2013. <br /> 4 of 5 <br />