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3.3.4. COLTON and SAN BERNARDINO shall each defend, indemnify and hold the <br />other party and its officials, officers, employees, consultants, subcontractors, volunteers and <br />agents free and harmless from any and all claims, demands, causes of action, costs, expenses, <br />liability, loss, damage or injury, in law or equity, to property or persons, including wrongful <br />death, to the extent arising out of or incident to any negligent acts, omissions or willful <br />misconduct of the indemnifying party or its officials, officers, employees, consultants, <br />subcontractors, volunteers and agents arising out of or in connection with the performance of this <br />agreement, including without limitation, the payment of all consequential damages and <br />attorney's fees and other related costs and expenses. <br />3.3.5. This Agreement may be executed in one or more counterparts. When a counterpart <br />shall have been signed by each party hereto, each shall be deemed an original, but all of which <br />constitute one and the same instrument. <br />3.3.6. This Agreement contains the entire Agreement of the parties with respect to the <br />subject matter hereof and supersedes all prior negotiations, understandings or agreements. This <br />Agreement may only be modified by a writing signed by both parties. <br />3.3.7. The parties declare that each party has all requisite power and authority to conduct <br />its business and to execute, deliver, and perform the Agreement. Each party warrants that the <br />individuals who have signed this Agreement have the legal power, right, and authority to make <br />this Agreement and bind each respective party. <br />3.3.8. If any portion of this Agreement is declared invalid, illegal, or otherwise <br />unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in <br />full force and effect. <br />3.4 NOTICES: All notices required shall be sent by regular mail, postage prepaid and <br />addressed as follows: <br />CITY OF COLTON <br />Public Works Department <br />160 South 10`h Street <br />Colton, CA 92324 <br />Attention: Public Works Director <br />CITY OF SAN BERNARDINO <br />Public Works Department <br />300 N "D" Street <br />San Bernardino, CA 92418 <br />Attention: Public Works Director <br />