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The facility itself shall be dedicated to public library direct service use for a period of 40
<br />years following completion of the project, regardless of any operating agreements the
<br />City of San Leandro may have with other jurisdictions or parties. Either party may
<br />terminate this agreement with 180 days notice if state funding for the agreement is
<br />terminated.
<br />9. DISPUTE RESOLUTION
<br />If either party defaults in its performance, the aggrieved party shall promptly notify the
<br />defaulting party in writing within thirty (30) days. Any dispute shall be first addressed at
<br />an administrative level between the parties. If a successful resolution cannot be obtained
<br />at the administrative level, the dispute shall be forwarded to the governing body of each
<br />p~Y•
<br />10. INDEMNIFICATION
<br />The District shall indemnify, defend with counsel selected by the City, and hold harmless
<br />the City and its officials, officers, employees, agents, and volunteers from and against
<br />any and all losses, liability, claims, suits, actions, damages, and causes of action arising
<br />out of any personal injury, bodily injury, loss of life, or damage to property, or any
<br />violation of any federal, state, or municipal law or ordinance, to the extent caused, in
<br />whole or in part, by the willful misconduct or negligent acts or omissions of the District
<br />or its employees, subcontractors, or agents; by acts for which they could be held strictly
<br />liable, or by the quality or character of their work. The foregoing obligation of District
<br />shall not apply when (1) the injury, loss of life, damage to property, or violation of law
<br />arises wholly from the negligence or willful misconduct of the City or its officers,
<br />employees, agents, or volunteers and (2) the actions of the District or its employees,
<br />subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
<br />property, or violation of law.
<br />The City shall indemnify, defend with counsel selected by the District, and hold harmless
<br />the District and its officials, officers, employees, agents, and volunteers from and against
<br />any and all losses, liability, claims, suits, actions, damages, and causes of action arising
<br />out of any personal injury, bodily injury, loss of life, or damage to property, or any
<br />violation of any federal, state, or municipal law or ordinance, to the extent caused, in
<br />whole or in part, by the willful misconduct or negligent acts or omissions of the City or
<br />its employees, subcontractors, or agents, by acts for which they could be held strictly
<br />liable, or by the quality or character of their work. The foregoing obligation of the City
<br />shall not apply when (1) the injury, loss of life, damage to property, or violation of law
<br />arises wholly from the negligence or willful misconduct of the District or its officers,
<br />employees, agents, or volunteers and (2} the actions of the City or its employees,
<br />subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
<br />property, or violation of law.
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