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<br />EXHIBIT A to <br />ORDINANCE NO. 20396 <br /> <br />Section 12. INDEMNITY <br /> <br />The Consortium, and each of the parties agrees to defend, indemnify and save the other <br />harmless from any claim, liability or damage resulting including attorney fees from any error, <br />omission or act of negligence on the part of the indemnifying party, its officers or employees <br />in the performance of its responsibilities under this agreement. The parties indemnity and <br />hold harmless obligations are subject to the limitations of the Oregon Tort Claims Act and <br />the Oregon Constitution, as applicable. <br /> <br />In providing the services specified in this agreement (and any associated services) all the <br />parties are public bodies and maintain their public body status as specified in ORS 30.260. <br />All the parties understand and acknowledge that all parties retain all immunities and <br />privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.295) and <br />any and all other statutory rights granted as a result of their status as local public bodies. <br /> <br />Section 13. EFFECTIVE DATE <br /> <br />As required by ORS 190.085, prior to becoming effective, each of the parties to the <br />intergovernmental agreement shall enact an ordinance ratifying the creation of the <br />intergovernmental entity, declaring that it is the intent of the governing body enacting the <br />ordinance to create an intergovernmental entity by intergovernmental agreement, specifying <br />the effective date of the agreement, setting forth the public purposes of the intergovernmental <br />entity and describing the powers, duties and functions of the intergovernmental entity. Not <br />later than 30 days after the effective date of the intergovernmental agreement, each member, <br />upon joining, must file with the Secretary of State copies of the enacting ordinance and <br />copies of this intergovernmental agreement. <br /> <br />This amended agreement shall become effective for the first and second member of the <br />Consortium upon the adoption of an enacting ordinance by the second member adopting such <br />an enacting ordinance, and shall thereafter become effective for each additional member of <br />the Consortium upon adoption of an enacting ordinance. <br /> <br />Section 14. NOTICE <br /> <br />Until notice of a change is provided to all then current members of the Consortium, all notice <br />to the Consortium shall be directed to: <br /> <br />Milo Mecham <br />Lane Council of Governments <br />125 E 8th Ave. <br />Eugene, OR 97401 <br />541-6824023 <br />fax 541- 682-2635 <br /> <br />Section 15. COUNTERPART SIGNATURES <br /> <br />Intergovernmental Agreement for Regional Fiber Consortium <br /> <br />Page 7 <br />