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2. City's responsibilities. <br /> a. Upon execution of this Agreement, the City will issue a notice to Qwest <br /> requesting that Qwest relocate its facilities on the Property to a location <br /> approved by University that will not conflict with the basketball arena <br /> building project. In its notice to Qwest, City will commit to reimbursing <br /> Qwest $110,054.85 for the relocation work. <br /> b. To the full extent legally possible, City shall indemnify and hold the <br /> University, its officers, agents and employees harmless from and against <br /> any and all claims, actions and liabilities arising out of or in any way <br /> related to any act or failure to act by the City and the City's employee's, <br /> agents, officers and contractors in carrying out its responsibilities under <br /> this Agreement. <br /> 3. University's responsibilities. <br /> a. Upon execution of this Agreement, University shall make a reimbursement <br /> payment to the City in the amount of $110,054.85. Prior to authorizing <br /> Qwest to incur additional costs, City shall forward Qwest's change order <br /> requesting approval for any cost increase to University and obtain <br /> University's written approval prior to authorizing Qwest to incur such <br /> additional costs. Once Qwest's relocation work is completed, University <br /> shall reimburse City for any additional costs approved by University <br /> pursuant to this provision. If University's initial reimbursement payment to <br /> the City in the amount of $110,054.85 is in excess of the reimbursement <br /> payment that City makes to Qwest and all other costs associated with its <br /> responsibilities in Section 2, City shall refund any excess to University. <br /> b. University shall coordinate with Qwest on all aspects of the work. <br /> c. To the full extent legally permitted by Article XI, Section 7 of the Oregon <br /> Constitution and ORS 30.260 through 30.300, the University shall defend, <br /> indemnify and hold City, its officers, agents and employees, harmless from <br /> and against any and all claims, actions and liabilities, arising out of or in <br /> any way related to any act or failure to act by the University and the <br /> University's employees, agents, officers and contracts in carrying out its <br /> responsibilities under this Agreement. <br /> 4. Effective date and term. This Agreement shall be effective upon full execution by <br /> both parties. This Agreement shall remain in effect until such time as the parties' <br /> responsibilities under Sections 2 and 3 are fulfilled or until the Agreement is <br /> terminated upon the written consent of both parties. <br /> 5. Notice and contract administration. For purposes of receiving any notice <br /> contemplated by this Agreement and for purposes of administering this <br /> Intergovernmental Agreement - 2 - <br /> <br /> (facilities relocation for University Arena) <br /> <br />