Agmt 2007 San Leandro Unified School District SLUSD (2)

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. . the cost for services exceed the fees collected, the CITY shall be reimbursed by the DISTRICTS Prop 49 Grant Funds. 5.4 DISTRICT shall further reimburse City for any other costs that the DISTRICT has directed the CITY to make and given written authorization. 5.4.1 DISTRICT may adjust the per pupil funding in the budget for any reduction in funding levels by the State, or for expenditures that are not part of the ASES Budget. 5.4.2 Should funding from the State be reduced, the CITY would be reimbursed for services provided prior to the DISTRICT'S notification of the reduction and the DISTRICT and CITY would discuss solutions for continuing the program. 5.5 DISTRICT shall pay completed and approved invoices within thirty (30) working days of receipt from CITY. 6 Indemnification 6.1 CITY Obligation: The CITY shall indemnify, defend and hold harmless the DISTRICT, its officers, agents, and employees from and against any claims, damages, expenses, including an amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this MOD, including, without limitation the loss or damage to any property, or the death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, or liabilities arise from the negligence or willful acts or omissions of the CITY, its officers, agents, or employees. 6.2 DISTRICT Obligation: The DISTRICT shall indemnify, defend and hold harmless the CITY, its officers, agents, and employees from and against any claims, damages, expenses, including an amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this MOD including, without limitation the loss or damage to any property, or the death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, or liabilities arise from the negligence or willful acts or omissions of the CITY, its officers, agents, or employees. 7 Status of Contract 7.1 This is not an employment contract. Nothing herein shall be construed as creating an employer-employee relationship between the parties. 8 Assignmen t 8.1 The obligations of CITY under this MOD shall not be assigned by CITY without the express written consent of DISTRICT. 9 Notices . 9.1 The CITY shall notify DISTRICT within 5 days of any claim or lawsuit filed against CITY that relates to the operation of the ASES PROGRAM at any site where CITY provides a program pursuant to this MOD.