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• <br /> _ <br /> 1 <br /> 1 <br /> 1 <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 /> E. EFFECTIVE DATE,AMENDMENT AND RIGHT TO TERMINATE <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 /> 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 /> This Agreement may not be changed, modified or rescinded except in writing, signed by 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 /> 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 /> DI i RI( T CITY: <br /> A _ .✓/ .a <br /> II aviJ. ij e�-nral ager Chris apata, Cl 1 ager <br /> Approved .: o F. . •: o -nt: Approved as to Form: <br /> ,... iop:: <br /> // i �� <br /> Davi Ar' ',�nera Counsel Richard D. Pio Roda, City Attorney <br /> San Leandro O&M 5 Final 6/12/2013 <br />