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<br />5 <br /> <br />under or in connection with any work, authority or jurisdiction allocated to CITY under <br />this Agreement. It is understood and agreed that CITY will fully defend, indemnify, and <br />save harmless DISTRICT, and respective officers and employees thereof, from all claims, <br />suits or actions of every name, kind and description brought forth under this Agreement, <br />including, but not limited to, tort, contractual, inverse condemnation or other theories or <br />assertions of liability occurring by reason of anything done or omitted to be done by <br />CITY under this Agreement. <br /> <br />E. EFFECTIVE DATE, AMENDMENT AND RIGHT TO TERMINATE <br /> <br />This Agreement shall be effective upon the date appearing on its face and shall remain in <br />full force and effect until amended or terminated at any time upon mutual consent of the <br />PARTIES. Upon termination of this Agreement, DISTRICT shall, at DISTRICT’s <br />expense and to the extent practicable, return BRT FACILITIES to a condition <br />substantially equivalent to the condition existing prior to the execution of this Agreement, <br />or to a condition acceptable to CITY. <br /> <br />If in the future, CITY and STATE should come to an understanding for STATE to <br />relinquish its authority over State Routes 185 and 112 within CITY such that they <br />become CITY rights-of-way, then the PARTIES agree that this Agreement must be <br />amended. In drafting such a future amendment, the PARTIES shall consider provisions <br />that replicate those included in the DISTRICT’s Operations and Maintenance Agreement <br />with the City of Oakland for the BRT corridor. <br /> <br />This Agreement may not be changed, modified or rescinded except in writing, signed by <br />the PARTIES, and any attempt at oral modification of this agreement shall be void and of <br />no effect. <br /> <br />By signing below, each signatory warrants and represents that he/she executed this <br />Agreement in his/her authorized capacity and that by his/her signature on this Agreement, <br />he/she has the legal authority, or has received such authority from the entity, to bind the <br />entity upon whose behalf he/she executed this Agreement. <br /> <br />DISTRICT: CITY: <br /> <br />_____________________________ _________________________________ <br />David J. Armijo, General Manager Chris Zapata, City Manager <br /> <br /> <br />Approved as to Form and Content: Approved as to Form: <br /> <br />____________________________ _________________________________ <br />David A.Wolfe, General Counsel Richard D. Pio Roda, City Attorney <br /> <br /> <br />