Agmt 2009 San Leandro Unified School District SLUSD

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District shall defend, save and hold City harmless from any and all claims or cause of action for death or injury to persons, or damage to property resulting from the negligent or inadequate supervision of any activities conducted by District and/or School at the school gymnasium or by reason of failure to maintain the school gymnasium in a safe condition. B. Resolution of Disputes. Any dispute arising as to the use, operation, or maintenance of the school gymnasium shall be resolved by the City Manager and Superintendent of District. In the event that the City Manager and the Superintendent are unsuccessful in resolving any dispute, the parties agree to submit the dispute first to mediation and, failing that, to binding arbitration. C. Review. City and District will review the use of the school gymnasium annually on or about the anniversary date of this Agreement to determine if mutually acceptable revisions should be made in (a) use schedules, (b) payment for utilities, or (c) responsibility for upkeep and maintenance. D. Entire reement and Amendment. This Agreement supersedes all oral or written agreements concerning the subject matter herein, represents the entire agreement between the Parties and may not be amended without a writing signed by the Parties. An assignment of this Agreement by either Party shall automatically begin termination procedures pursuant to Section 6.B. E. Governing Law. This Agreement shall be construed and interpreted under the laws of the State of California. 6. TERM AND TERMINATION A. This Agreement shall be in effect from the date of occupancy of the 9~ Grade Campus (estimated to be at Fall 2010) until June 30, 2019. B. This Agreement may only be terminated by joint agreement of the Parties. City and District may jointly agree to terminate this Agreement by delivery of written notice of election to terminate at least one (1) year in advance. Notices shall be served either by personal delivery or mail, as follows: CITY: City Manager City of San Leandro, Civic Center 835 East 14~ Street San Leandro, California 94577 DISTRICT: Superintendent San Leandro Unified School District 14735 Juniper Street San Leandro, California 94579 4