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"Transition Report". It is understood that this requirement is <br />subject to change by CITY after prior notice, consultation and <br />approval of MWMC in the event budget or management considerations <br />warrant a change. Except as may be provided in this <br />paragraph, it is contemplated that this organizational structure <br />will continue until substantial completion of construction by <br />MWMC of the regional sewerage system as described in Appendix B <br />to the Agreement, Metropolitan wastewater management Commission, <br />dated February 9, 1977, as amended, entered into between Lane <br />County, the City of Eugene and the City of Springfield. <br />C. CITY shall provide legal services to MWMC. Those legal <br />services will be provided to I•IWI4C in accordance with a retainer <br />agreement between CITY and legal counsel, a copy of which is more <br />particularly described and set forth in Exhibit B attached hereto <br />and incorporated herein by reference. <br />D. CITY shall use its best efforts to carry out the <br />responsibilities of CITY as set forth in this Agreement. Additionally, <br />except as may be set forth in Paragraph II C, CITY may act as <br />administrative agent of MWMC where necessary and appropriate <br />to carry out the responsibilities of CITY under this Agreement. <br />E. CITY shall defend, indemnify and hold harmless MWDIC from <br />any and all loss, claim, demand or liability whatsoever <br />arising from the performance or failure of performance by CITY <br />of any provisions of this Agreement. This paragraph specifically <br />does not apply to those losses, claims, demands or liability <br />arising from the performance or failure by MWMC of any activity <br />or action by MIMC, its agents or employees occurring prior to <br />the effective date of this Agreement. <br />- 2 - <br />