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<br />Article III <br />TERM AND TERMINATION <br /> <br />3.1 The term of this agreement shall be for a period of one year ("Initial Term") <br />commencing on the date of passage by the party last to ratify, unless terminated <br />by either party by notice in writing to the other party, in accordance with the <br />Termination procedures as designated in Section 3.3. <br /> <br />3.2 At the end of the term of the Agreement, both the PASADENA and LA PORTE <br />have the option to continue the Agreement for one additional one (1) year term. <br />Such option shall be executed in writing by the Mayor of PASADENA, or hislher <br />designee, and the City Manager of LA PORTE, or hislher designee. Should either <br />party choose not to exercise their option, the Agreement shall be considered at an <br />end, at the conclusion of the Initial Term. In such event each party will be <br />responsible for its proportional share of the total costs of work. <br /> <br />3.3 Either party may terminate the agreement without cause upon thirty (30) days <br />written notice to the other party. In such event each party will be responsible for <br />its proportional share of the total cost of work. <br /> <br />Article IV. <br />INDEMNITY <br /> <br />4. To the extent allowed by law, LA PORTE and PASADENA do hereby release, <br />indemnify and hold each other and their respective officials, agents and <br />employees, in both their public and private capacities, harmless from any and all <br />liability, claims, costs and expenses arising out of the performance of this <br />agreement due to their its respective negligence or that of its officials, officers, <br />employees or students. It is expressly understood and agreed that in the execution <br />ofthis contract, neither LA PORTE nor PASADENA waives, nor shall be deemed <br />to waive, any immunity or defense that would otherwise be available to each <br />against claims arising in the exercise of governmental powers and functions. <br /> <br />Article V. <br />ENTIRE AGREEMENT <br /> <br />5. This instrument contains the entire Agreement between the parties relating to the <br />rights granted in the agreement and the obligations assumed as a part of the <br />Agreement. Any representations or modifications concerning this agreement shall <br />have no force or effect unless modified in writing, and signed by each party to the <br />Agreement. <br /> <br />Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc <br /> <br />Page 4 of7 <br />