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(e) Build Dav. City of San Leandro /San Leandro Rotary Club shall recruit 150 adult volunteers from the community to participate in a one-
<br />day installation event for the Project, which is scheduled to occur on September 11, 2010 (tentative as per KaBOOM!) and which is
<br />referred to herein as the Build Day. On the Build Day, City of San Leandro /San Leandro Rotary Club shall provide food, water, tools, a
<br />dumpster, music and restroom facilities for all volunteers.
<br />(f) Promotion. City of San Leandro /San Leandro Rotary Club will seek prior approval from KaBOOM! and/or its funding partners for any
<br />materials that reference the Project or contain the logos or other intellectual property of KaBOOM! and/or its funding partners, including,
<br />without limitation, press releases, fliers and promotional materials. City of San Leandro /San Leandro Rotary Club shall collaborate
<br />with KaBOOM! and its funding partners to secure media coverage.
<br />(g) Sianaae. City of San Leandro shall allow the names and logos of KaBOOM! and its funding partners to be displayed on permanent
<br />playground signage, which shall be substantially in the form provided to City of San Leandro during the application process and shall be
<br />12'/.inches wide by 30'/< inches tall and mounted in a mutually agreed location on poles.
<br />(h) Playground Costs. City of San Leandro I San Leandro Rotary Club is solely responsible for and shall hold KaBOOM! and its funding
<br />partners harmless from any costs beyond the proposed Project budget, including costs incurred by City of San Leandro /San Leandro
<br />Rotary Club any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those
<br />secured by KaBOOM!.
<br />(i) Warran .The playground equipment and the safety-surfacing related to the Project may be covered under warranty by the applicable
<br />manufacturers; a copy of which warranty may be obtained, upon request, from such manufacturers. City of San Leandro I San Leandro
<br />Rotary Club acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective
<br />manufacturer's terms thereof, and City of San Leandro /San Leandro Rotary Club agrees to look solely to such manufacturers for any
<br />such warranty and/or guarantee. Neither KaBOOM! nor its funding partners nor any of their respective affiliates, directors, officers,
<br />managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or
<br />liable for any representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including,
<br />without limitation, its quality, mechanical condition or fitness for a particular purpose.
<br />Q) Insurance. City of San Leandro shall obtain and maintain from 7 (seven) calendar days before the Build Day and for a minimum of one
<br />(1) year thereafter worker's compensation insurance policies and commercial general liability insurance (providing coverage against
<br />liability for bodily injury, death and property damage that may arise out of or be based upon the use of the playground), in each casein
<br />amounts not less than one million dollars ($1,000,000). At the time of execution of this agreement, City of San Leandro shall provide to
<br />KaBOOM! a copy of a certificate from its insurer indicating the nature, scope, duration and amount of insurance coverage, and naming
<br />KaBOOM! and its funding partners as additional insureds under such policy, which insurance shall be primary over any other insurance
<br />covering KaBOOM! and its funding partners and which policy shall provide that KaBOOM! and its funding partners be given at least
<br />thirty (30) days' prior written notice of any change or cancellation of coverage.
<br />(k) Indemnification. City of San Leandro /San Leandro Rotary Club shall indemnify and hold harmless KaBOOM!, its funding partners and
<br />their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and representatives from
<br />any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and payable with respect thereto
<br />and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing,
<br />defending or settling any action), expenses (including attorney's fees and disbursements) in each case that are due and payable,
<br />including any of the foregoing arising under, out of or in connection with any actions associated with this Project or resulting from the
<br />use of any playground property and equipment constructed under this Agreement, including those for personal injury, death, or property
<br />damage, except to the extent resulting from the willful misconducf of such indemnified person. This provision shall survive any
<br />termination or expiration of this agreement.
<br />2. Obligations of KaBOOM!.
<br />(a) Playground Build. KaBOOM! shall provide technical and organizational leadership and guidance for the Project and shall:
<br />(i) Coordinate funding partner participation, facilitate playground design, including regular planning meetings, and work with vendors
<br />to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber
<br />is used, which shall be procured by City of San Leandro .
<br />(ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the City of San Leandro ,
<br />inventory equipment and materials, and assure that the necessary tools and materials are available on the Build Day.
<br />(iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers.
<br />(iv) Provide educational and promotional materials to support the Project, including the KaBOOM! Tool Kit (a 4book set), KaBOOM!
<br />online Playground Planner, nametags and other general supplies.
<br />(b) Inspection. KaBOOM!, in collaboration with City of San Leandro ,will secure a Certified Playground Safety Inspector to review the
<br />playground structure at the conclusion of the Build Day (or, if KaBOOM! assumes responsibility for the playground construction going
<br />beyond one day, at the conclusion of the installation) to ensure that the structure is safe and built to all appropriate standards and
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