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<br />" <br /> <br />VIII. Mutual Indemnification <br /> <br />Each party agrees to indemnify, defend. and hold harmless the <br />other party, its officers, agents and employees from any and all liabilities, <br />claims, or losses of any nature, including attorneys' fees, to the extent <br />caused by, arising out of, or in connection with, the indemnifying party's <br />negligent acts or omissions pursuant to this Agreement. <br /> <br />IX. Resolution of Disputes <br /> <br />Any dispute relating to this Agreement and/or arising as to the <br />design and construction of School Open Space Improvement shall be <br />resolved by the City Manager and Superintendent of District. In the <br />event that the City Manager and the Superintendent are unsuccessful in <br />resolving any dispute, the parties agree to submit the dispute to the City <br />of San Leandro/San Leandro Unified School District Liaison Committee <br />for resolution. If the Committee is unable to resolve the dispute, the <br />parties shall mediate the dispute at the American Arbitration Association <br />in compliance with the commercial rules of the American Arbitration <br />Association prior to initiating any litigation. <br /> <br />X. CEQA <br /> <br />City and School District shall comply with all applicable <br />requirements of the California Environmental Quality Act ("CEQA") and <br />its implementing regulations in its use of the Site. <br /> <br />XI. Modification of Agreement <br /> <br />This Agreement may be amended only in writing signed by both <br />City and District. City Council and District School Board must approve <br />this Agreement and any changes or modifications hereto before any <br />changes and/or modifications become effective. <br />