Common use of IT IS MUTUALLY AGREED AS FOLLOWS Clause in Contracts

IT IS MUTUALLY AGREED AS FOLLOWS. (1) This PAYMENT AGREEMENT may be amended or canceled by mutual consent in writing of the parties. (2) EBRPD agrees to indemnify and hold harmless SUCCESSOR AGENCY, the COUNTY OF CONTRA COSTA (“COUNTY”), its Board of Supervisors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of SUCCESSOR AGENCY, the COUNTY, its Board of Supervisors, officers, agents, employees or assigns. (3) SUCCESSOR AGENCY agrees to indemnify and hold harmless EBRPD, its Board of Directors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of EBRPD, its Board of Directors, officers, agents, employees or assigns. (4) Notices regarding this PAYMENT AGREEMENT shall be sent by first class mail, postage prepaid, to EBRPD at General Manager, P. O. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, to SUCCESSOR AGENCY c/o the COUNTY at Conservation and Development Department, Deputy Director for Redevelopment, Conservation and Transportation Programs, ▇▇ ▇▇▇▇ ▇▇▇▇, Martinez, CA 94553. (5) This PAYMENT AGREEMENT shall run through completion of the PROJECT, unless otherwise terminated or amended except that the provisions of Section III, numbers 2 and 3 shall survive the completion of the PROJECT. (6) This PAYMENT AGREEMENT contains the entire PAYMENT AGREEMENT between the parties with regard to matters described in this PAYMENT AGREEMENT and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (7) This PAYMENT AGREEMENT shall take effect at the time and in the place prescribed in Health and Safety Code Section 34177.5(f) and 34179(h). (8) This PAYMENT AGREEMENT shall be interpreted and enforced under the laws of the State of California. (9) If any provision or provisions of this PAYMENT AGREEMENT shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

IT IS MUTUALLY AGREED AS FOLLOWS. (1) This PAYMENT AGREEMENT may be amended or canceled by mutual consent in writing of the parties. (2) EBRPD agrees to indemnify and hold harmless SUCCESSOR AGENCY, the COUNTY OF CONTRA COSTA (“COUNTY”), its Board of Supervisors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of SUCCESSOR AGENCY, the COUNTY, its Board of Supervisors, officers, agents, employees or assigns. (3) SUCCESSOR AGENCY COUNTY agrees to indemnify and hold harmless EBRPD, its Board of Directors, officers, agents, employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise arising out of the COUNTY’s performance of the terms of COUNTY’s obligations under this PAYMENT AGREEMENT save and except for those which are the result of the negligence and/or willful conduct of EBRPD, its Board of Directors, officers, agents, employees or assigns. (4) Notices regarding this PAYMENT AGREEMENT shall be sent by first class mail, postage prepaid, to to: EBRPD at General ManagerGrants Department, Finance and Management Services Division Attn. Grants Manager P. O. ▇▇▇ ▇▇▇▇, ▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, to SUCCESSOR AGENCY c/o the ▇ COUNTY at Conservation and Development Public Works Department, Deputy Transportation Engineering Attn. Assistant Public Works Director for Redevelopment, Conservation and Transportation Programs, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Martinez, CA 94553▇▇ ▇▇▇▇▇. (5) This PAYMENT AGREEMENT shall run through completion of the PROJECT, unless otherwise terminated or amended except that the provisions of Section III, numbers number 2 and 3 shall survive the completion of the PROJECT. (6) This PAYMENT AGREEMENT contains the entire PAYMENT AGREEMENT agreement between the parties with regard to matters described in this PAYMENT AGREEMENT and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (7) This PAYMENT AGREEMENT shall take effect at the time and in the place prescribed in Health and Safety Code Section 34177.5(f) and 34179(h). (8) This PAYMENT AGREEMENT shall be interpreted and enforced under the laws of the State of California. (9) 8) If any provision or provisions of this PAYMENT AGREEMENT shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.