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all loss, liability, costs, expenses, damages, injury, and claims <br />of any kind (whether in cont-aect or tort, including personal injury, <br />death or property damage), including attorneys' fees and legal <br />expenses, arising directly or -indirectly out of, or in any way <br />connected with, the indemnifieer's performance of services under this <br />Agreement or any negligence, aect, or omission of the indemnifier or <br />its employees, agents, or reprvesentatives. <br />7. Designs, Sites. WorkK Product. If for any reason SAWPA is <br />unable to complete the demonstrration facility, or terminates this <br />agreement, SAWPA will make all- design work, leases, purchase <br />options, or other data or work-,-, products paid for by COLTON and SAN <br />BERNARDINO available to both ctities at no additional cost to them. <br />8. Attorneys' Fees. Inn the event of legal action to enforce <br />or interpret this Agreement arr any of its provisions, the prevailing <br />party shall be entitled, in adddition to any other form of relief, to <br />recover its reasonable attornevys' fees and costs of suit. <br />9. Miscellaneous Provisions. <br />a. This Agreement =may be amended in writing by unanimous <br />action of the PARTIES; prcovided, however, that any such <br />agreement shall not impalkr the security of any bonds or other <br />forms of indebtedness whia.ch are outstanding. <br />b. This Agreement =_shall be binding upon and shall inure <br />to the benefit of the succcessors and assigns of the PARTIES. <br />5 <br />