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INTERGOVERNMENTAL SE AGREEMENT • Page 2 <br />BUS STOP/ SHELTER LIGHTING <br />Information Center or by PWD, will be performed at LTD expense. <br />6. POWER COSTS. Eugene Water & Electric Board (EWER) has agreed to establish an <br />account for LTD by which all power costs associated with the•connections to PWD street <br />light circuits will bebilled to and paid by LTD. <br />7. MAINTENANCE. All maintenance of the power connections from PWD street light <br />circuits from the points of connection shall be by and at the expense of LTD. <br />8. NOTICES. Notice to-either party shall be deemed effective when transmitted and <br />acknowledged by facsimile transmission or e-mail, mailed by United States mail, or <br />delivered by express mail. <br />TO LTD AT: LANE TRANSIT DISTRICT <br />ATTN: CHARLIE SIMMONS <br />P.O. BOX 7070 <br />EUGENE, OR 97401 <br />FAX: (541) 682-6111 <br />EMAIL: charlie.simmonsaa,ltd.lane.or.us <br />TO PWD AT: CITY OF EUGENE <br />PUBLIC WORKS DEPARTMEI <br />858 PEARL STREE <br />EUGENE, <br />FAX: 1) 2-5598 <br />9. Liability / Indem ' tion. LTD shall defend, ind a hold PWD h less from <br />and against and all claims, actions, damag , and expense, in onnection <br />with loss o e, personal injury, or damag pe sing from or out o ny <br />occurre Fin, upon, or at a Premise o occu an or use by LTD o he <br />Premfgents, or any part ther or occas wholly art by any act or fission of <br />LTD, officers, co s, a loyees, or servants including any nd all <br />clai actions, damages, lia t pense arising from or relating to ty's selling, <br />ke rng, maintains ing or sing of any hazardous substance in about the <br />Pr ises. Incas e hall, ithout fault on its part, be made a party any litigation <br />c menced by or i T then LTD shall protect and hold PWD armless there; <br />fr and shall pay a sts, a enses; and reasonable attorney fee , ncurred or paid <br />b WD in connectio h h litigation. LTD shall also pay all ts, expenses, and <br />re onable attorney fees at may be incurred or paid by PWD i enforcing the <br />co nants and agreements in this paragraph. <br />10. Entire eement. This agreement constitutes t ntire agreement between the <br />parties, espect to the subject matter and may not be contradicted by <br />evidence of a eor contem~s agreement. This agreement may not be <br />modified, in whole or in pa , except by a writing signed by both parties. <br />