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XI. Mutual Indemnification <br />Each party agrees to indemnify, defend, and hold harmless the other party, its officers, <br />agents and employees from any and all liabilities, claims, or losses of any nature, <br />including attorneys' fees, to the extent caused by, arising out of, or in connection with, <br />the indemnifying party's negligent acts or omissions pursuant to this MOU. <br />XII. Resolution of Disputes <br />Any dispute that in any way relates to this MOU and/or arising as to the design and <br />construction of improvements to the Site shall be resolved by the City Manager and <br />Superintendent of District. In the event that the City Manager and the Superintendent are <br />unsuccessful in resolving any dispute, the parties agree to submit the dispute to the City <br />of San Leandro/San Leandro Unified School District Liaison Committee for resolution. <br />If the Committee is unable to resolve the dispute, the parties shall mediate the dispute at <br />the American Arbitration Association in compliance with the commercial rules of the <br />American Arbitration Association prior to initiating any litigation. <br />XIII. CEQA <br />City and School District shall comply with all applicable requirements of the California <br />Environmental Quality Act ("CEQA") and its implementing regulations in its use of the <br />Site. <br />XV. Modification of MOU <br />This MOU may be amended only in writing signed by both City and District. City <br />Council and District School Board must approve this MOU and any changes or <br />modifications thereto before any changes and/or modifications become effective. <br />WHEREFORE, the Parties hereto have executed this MOU on the I day of <br />Navew~~ , 20 DPI . <br />CITY OF SAN LEANDRO <br />._ <br />By: ~ ~ <br />~'' ~ J. Jermanis <br />~~~~: <br />City Manager <br />SAN L RO UNIFIED SC OOL DISTRICT <br />.. <br />By: <br />Christine Lim <br />Superintendent <br />~~ . <br />-4- ;3~ <br />