Laserfiche WebLink
<br />Alameda CTC Agreement No. A15-xxxx <br />  <br />8 of 9  <br />  <br /> <br />B. Indemnity by ALAMEDA CTC. Neither RECIPIENT, nor its governing body, elected <br />officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection <br />with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also <br />understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, <br />indemnify, and hold harmless RECIPIENT, and its governing body, elected officials, all its officers, agents, <br />and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code <br />Section 810.8) 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 AGREEMENT. <br /> <br />C. Jurisdiction and Venue: The laws of the State of California will govern the validity of this <br />AGREEMENT, its interpretation and performance, and any other claims related to it. All legal actions arising <br />out of this AGREEMENT shall be brought in a court of competent jurisdiction in Alameda County, <br />California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such <br />venue. <br /> <br />D. Attorneys’ Fees: Should it become necessary to enforce the terms of this <br />AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys’ <br />fees from the other party. <br /> <br />E. Term: The term of this AGREEMENT shall be from April 1, 2015 to June 30, 2016, unless <br />amended or a new Master Programs Funding Agreement is executed with RECIPIENT, whichever date is <br />earlier. <br /> <br />F. Severability: If any provision of this AGREEMENT is found by a court of competent <br />jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other <br />provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent <br />necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set <br />forth in this AGREEMENT. <br /> <br />G. Modification: This AGREEMENT, and its Exhibits, as well as the referenced ALAMEDA <br />CTC Implementation Guidelines, constitutes the entire AGREEMENT. This AGREEMENT may only be <br />changed by a written amendment executed by both parties. Notwithstanding the foregoing, the <br />Implementation Guidelines may be changed from time to time by ALAMEDA CTC. <br /> <br /> <br />[Signatures on next page]