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TDC:aaa 11121100 <br />but not limited to, dangerous condition(s) of the City's property. For any construction performed on any <br />residential unit, the City shall secure an indemnification from each property owners requiring the property <br />owner to indemnify, hold hamlless and defend Port, its commissioners, employees, agents, consultants <br />and officers from and against all claims, demands, actions, causes of action, losses, damages, liabilities, <br />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 property owner, including but not limited <br />to, dangerous condition(s) of the property. Section 2778 of the Civil Code shall apply to the City's and the <br />property owners obligation to defend pursuant to this Section. The Port shall indemnify, hold harrnless and <br />defend the City, its Council Members, employees, agents, consultants and officers from and against all <br />claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses, including, but <br />not limited to, reasonable attdmey fees or obligations, for and in connection with or arising out of any work <br />contemplated in this Agreement, including the sound studies described in Section 2, that is contracted <br />between the Port and third parties. <br />c) Deadline to Commence Construction: Notwithstanding any other provisions in this <br />Agreement: <br />1)If the City in good faith has not commenced construction of the noise insulation <br />features for a residential unit, an Additional Residential Unit, or the library within 5 years after the <br />Obligations Effective Date, the date of the termination .or change in the Policy, or the date the Port delivered <br />to the City the noise insulation specifications for the library; respectively, the Port shall have no further <br />City of San Leandro and Port of Oakland <br />Settlement Agreement Page 20 • <br />29848