(9)AR 032007 AGRMT State of California $125,020

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District Agreement No. 8-1361 of way will automatically be deemed to be under the control of CITY or an appropriate third party as determined by CITY. 3. Neither STATE nor any officer or employee, volunteer or agent thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4. Neither CITY nor any officer, employee, volunteer or agent officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 5. This Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE and upon final payment to CITY by STATE or on June 30, 2008, whichever is earlier in time. SIGNATURES ON FOLLOWING PAGE: 3