Agmt 2002 San Lorenzo Unified School District SLzUSD

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SPECIAL PROVISIONS A. Indemnification. 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 negligent or inadequate supervision of any community recreation activities conducted by City at the facility, or by reason of failure to maintain said facility listed under Operation and Maintenance, in a safe condition. District shall defend, serve 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 educational or recreational activities conducted by District at the facility. B. Resolution of Disputes. Any dispute arising as to the use, operation, or maintenance of the facility 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 changing use of the facilities, if any, annually on or about the anniversary date of the Agreement to determine if mutually accepted revisions should be made in (a) use schedules, (b) payment for utilities, or (c) responsibility for upkeep and maintenance. TERM AND TERMINATION This Agreement shall commence upon execution and shall continue in force for ten (10) years from the date of execution, unless either party gives one year written notice to the other party of its intention to terminate this Agreement prior to that date, WHEREFORE, the Parties hereto have executed this Agreement on the 23 day of January, 200 CITY OF SAN LEANDRO j,~'~ ~phn Jermanis {~~'='City Manager SAN LORENZO SCHOOL DISTRICT By: ~~ anis Duran Superintendent