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<br />Area”). San Leandro shall notify Oakland pursuant to Section 12 below when maintenance is
<br />scheduled for the Roundabout Maintenance Area. Oakland and San Leandro will cooperate to
<br />facilitate such maintenance.
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<br />8. Street Maintenance. Nothing contained herein shall limit a Party’s ability to
<br />maintain MacArthur Boulevard, Superior Avenue, and Foothill Boulevard located outside the
<br />Roundabout Maintenance Area and within such Party’s jurisdiction in accordance with its
<br />respective standards and procedures.
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<br />9. Access to the Roundabout Maintenance Areas. Oakland hereby grants permission
<br />to San Leandro, and/or its authorized agents, employees or contractors, to enter upon the
<br />Roundabout Maintenance Area located within Oakland’s jurisdiction at reasonable times and in a
<br />reasonable manner to maintain the Roundabout.
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<br />10. Permits and Approvals. To the extent that performance of the maintenance of the
<br />Roundabout requires permits or governmental approvals, San Leandro shall, at its cost and
<br />expense, obtain such permits and approvals.
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<br />11. Indemnification.
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<br />a. San Leandro shall indemnify, defend and hold Oakland, and its
<br />Councilmembers, officers, agents, contractors and employees (the “Oakland Indemnified
<br />Parties”) harmless from liens, claims, demands, actions, cause of action, obligations, liabilities,
<br />damages, losses, costs and expenses (including reasonable attorneys’ fees) (individually,
<br />“Claim” and collectively, “Claims”), which may arise from, or in any manner relate to, any
<br />work performed, or services provided, under this Agreement by San Leandro, or San Leandro’s
<br />contractors, subcontractors, agents or employees, including, but not limited to, the performance
<br />of maintenance of the Roundabout. The foregoing indemnity shall apply regardless of whether
<br />or not any of the Oakland Indemnified Parties has prepared, supplied or approved plans and/or
<br />specifications for the Project or the Roundabout and regardless whether any insurance is
<br />applicable to any Claim or Claims.
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<br />b. Oakland shall indemnify, defend and hold San Leandro, and its
<br />Councilmembers, officers, agents, contractors and employees (the “San Leandro Indemnified
<br />Parties”) harmless from a Claim or Claims, which may arise from, or in any manner relate to,
<br />any work performed, or services provided, under this Agreement by Oakland, or Oakland’s
<br />contractors, subcontractors, agents or employees. The foregoing indemnity shall apply
<br />regardless of whether or not any of the San Leandro Indemnified Parties has prepared, supplied
<br />or approved plans and/or specifications for the Project or the Roundabout and regardless whether
<br />any insurance is applicable to any Claim or Claims.
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<br />12. Notices. Any notice relating to this Agreement shall be given in writing and shall
<br />be deemed sufficiently given and served for all purposes when delivered personally or by
<br />generally recognized overnight courier service, or five (5) calendar days after deposit in the
<br />United States mail, certified or registered, return receipt requested, with postage prepaid,
<br />addressed as follows:
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