Agmt 2007 San Leandro Unified School District SLUSD (3)

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nature, including attorneys' fees, to the extent caused by, arising out of, or in connection with the indemnifying party's negligent acts or omissions pursuant to this Agreement. City shall defend, save and hold District harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from the sole negligence or willful misconduct of City in connection with the installation or maintenance of the irrigation well. 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 sale negligence or willful misconduct of District. 7. Term of A, req ement. This Agreement shall be in effect for twenty (20) years from the effective date of this Agreement. 8. Amendment. This Agreement shall not be amended or modified except by a writing executed by the Parties hereto. 9. Extension. This Agreement may be extended beyond the term stated in paragraph 7 above by mutual consent of both Parties and executed in writing by both Parties. 10. Entire Agreement. This Agreement and any exhibits attached hereto and incorporated herein by reference contain the entire agreement between the Parties hereto with respect to the subject matter of this Agreement. It is expressly understood by each of the Parties that this Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by the Parties hereto. 11. Califomia Law. This agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Alameda County, California. 12. Severability. If any term, condition, or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain in full force or effect. 13. Notices. Any notice or communication required or permitted to be delivered hereunder shall be in writing and shall be either personally delivered or deposited in the United States Express Mail or first class mail, registered or certified, return receipt requested, postage prepaid, and address as follows: If to City: City of San Leandro City Hall 835 E. 14th Street San Leandro, CA 94577 Attention: Ken Joseph, City Engineer If to District: San Leandro Unified School District 1145 Aladdin Avenue San Leandro, CA 94577 Attention: Michael Murphy, Director of Facilities