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5. In the event that OCEANSIDE elects to construct the roadways in accordance <br /> with dedicable standards meeting with the approval of the Department of Public Works, then, in <br /> such event, this Agreement shall be without further force and effect, and OCEANSIDE shall <br /> have no further obligation hereunder. <br /> 6. OCEANSIDE may, from time to time, provide the COUNTY with alternative <br /> forms of security which are acceptable to the COUNTY in securing OCEANSIDE's <br /> performance of its obligations under this Agreement. <br /> 7. OCEANSIDE shall have the right to sell, assign or transfer, in whole or in part, <br /> this Agreement, and all of its rights, duties and obligations hereunder, to any entity, subsidiary, <br /> or partner of OCEANSIDE at any time during the term of this Agreement upon written notice to <br /> the COUNTY. <br /> 8. OCEANSIDE shall indemnify, defend and hold the COUNTY harmless from and <br /> against any and all actions. suits, losses, costs, damages, liabilities or claims thereof, including <br /> attorneys' fees, arising out of or in connection with any action by OCEANSIDE, its agents, <br /> representatives, or employees within the scope of the design and construction of facilities and <br /> maintenance duties under this Agreement. <br /> 9. This Agreement may be amended or canceled, in whole or in part, by the mutual <br /> written consent of the parties to this Agreement, or their successors in interest. <br /> 4 <br />