East Bay Dischargers Authority 07012020

Home

24- 15966623.1 their respective directors, officers, agents, and employees against any and all liability, demands, loss, damage, settlement expenses, suits, claims, or actions (including, without limitation, attorney fees, expert witness fees, investigation costs, all legal costs and fees) arising from the violation. In the event two or more Agencies are responsible for a violation as above provided, the Agencies responsible for the violation will be jointly and severally responsible to the Authority and to the other non-violating Agencies. The Agency(ies) responsible for the violation further agrees to defend any and all such suits, claims, or actions, with counsel acceptable to the Authority in its reasonable discretion, and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached against the Authority or the other non-violating Agencies, or any of the individuals enumerated above in any such action, the responsible Agency(ies), will at its expense, satisfy and discharge the same. This indemnification will survive the termination or expiration of this Agreement. Section 17. Future Projects It is understood that it may be in the interest of the Agencies for the Authority to acquire and construct additional Authority Facilities. This Agreement is subject to modification in the event all Agencies desire to do so. Section 18. Contributions, Payments and Advances, Use of Personnel, Equipment or Property; Exchange of Services It is hereby agreed that: a) Contributions from an Agency's treasury may be made for the purpose set forth in this Agreement. b) Payments of public funds of an Agency may be made to defray the cost of such purpose. c) Each of the Agencies may make advances of public funds, to be repaid as set forth in this Agreement. d) Subject to approval of the General Manager, personnel, equipment, or property may be used in lieu of other contributions or advances.