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TDC:aaa 11121A0 <br />conditions its approval. The Port shall be entitled to retain any and all interest eamed in the Escrow <br />Account. <br />5.Provisions Applicable to Residential Unit and Library Insulation: <br />a) No Agency Relationship: As between the Port and the City, the City shall be solely <br />responsible for all conduct of the City and each City contractor involved in any matter related to this <br />Agreement and nothing in this Agreement shall be construed to create the relationship of agent, .servant, <br />employee, partnership, joint venture or association, or any other relationship whatsoever between Port and <br />the City or a City contractor except solely the relationship between the Port and City of contracting parties <br />as provided in this Agreement. <br />b) Indemnification: The City agrees that it will hold the Port harmless from any and MI <br />damages to property or persons, and claims or causes of action of any kind associated with or arising out <br />of the work and other matters contemplated in this Agreement whether or not caused by Port's or <br />contractor's negligence. The Port makes no warranties, express or implied, with respect to the work to be <br />accomplished, the product(s) to be installed or the design of the improvements for any residential unit or <br />the library; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use <br />and warranties of merchantability. <br />The City shall indemnify, hold harmless and defend Port, its commissioners, employees, agents, <br />consultants and officers from and against all claims, demands, actions, causes of action, losses, damages, <br />liabilities, costs and expenses including, but not limited to, reasonable attomey fees or obligations, for or in <br />connection with personal injury (including, but not limited to death) and property damage which arises out <br />of or is in any way connected with the act, error or omission of the City or any of its contractors, including <br />City of San Leandro and Port of Oakland <br />Settlement Agreement Page 19 <br />29848