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<br /> <br />3.1) <br />to enter into Agreement and have obtained third <br />required and that execution of this Agreement shall not constitute a default under any <br />other commitment either of the parties or entities not parties to this Agreement. <br /> <br /> <br /> <br /> <br />3.2) Entire Agreement - This contract constitutes the entire Agreement between <br />the parties and supersedes any agreement or understanding, written or oral, which may be <br />inconsistent herewith. No amendment to this Agreement shall be valid unless duly <br />executed in writing by both parties <br /> <br />3.3) Binding Effect - This Agreement shall remain in full force and effect until <br />termination by mutual agreement of the paliies and shall inure, to the benefit of and be <br />binding upon the parties' respective successors or assigns. <br /> <br />3.4) Default - In the event of default under the terms of this Agreement, the <br />nondefaulting party shall be entitled to recover, in addition to any other remedies <br />available, its costs, disbursements, and attorneys' fees, whether such default is concluded <br />by way of settlement, compromise or judgment. <br /> <br />3.5) Arbitration - Any dispute arising out of the interpretation or enforcement of <br />this Agreement shall be resolved between the parties by arbitration through the <br />American Arbitration Association (or such other mutually agreeable arbitration <br />mechanism). <br /> <br />3.6) Indemnification - R TB shall hold the City and its respective officials, <br />officers, agents, employees and representatives, hannless from and indemnified against <br />any loss, cost, damage or expense, including reasonable attorneys' fees, arising out of any <br />claims by persons not a party to this Agreement, which claims are due to, or alleged to be <br />due to, the design ofthe Transit Hub Improvements (to the extent such design is <br />attributable to the City), or the providing of public transit service at Rosedale, except <br />arising out of acts, errors, or omissions of the City or its Indemnitors under the Transit <br />Hub Agreement, or their respective officials, officers, agents, employees or <br />representatives. <br /> <br />IN WITNESS WHEREOF, the parties signed below caused this Agreement to be <br />executed. <br /> <br />REGIONAL TRANSIT BOARD <br /> <br />CITY OF ROSEVILLE <br /> <br />By: <br />Its: <br /> <br />By: <br />Its: Mayor <br />By: <br />Its: Manager <br />