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8H Consent 2012 0117
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8H Consent 2012 0117
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1/20/2012 5:53:13 PM
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1/10/2012 4:47:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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_CC Agenda 2012 0117 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-005
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Path:
\City Clerk\City Council\Resolutions\2012
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funded, the District may cease work in the area where the condition is located <br />and the City shall be responsible for the site. <br />11. <br />District shall indemnify, defend (with counsel approved by the City) and hold the <br />Indemnitees (as defined in Section 5 ) harmless from and against all Claims <br />arising during the Term of this Agreement and resulting, arising, or based directly <br />or indirectly in whole or in part, upon (i) the presence, release, use, generation, <br />discharge, transport, storage or disposal of any Hazardous Materials on, under, <br />in or about, or the transportation of any such Hazardous Materials to or from the <br />Property during the Term, where such actions or events were caused by the <br />District or its agents, (ii) the failure of the District, the District's employees, <br />agents, contractors, and subcontractors or any person acting on behalf of any of <br />the foregoing to comply with Hazardous Materials Laws (as defined in Exhibit C ), <br />or (iii) the breach by the District of any of its covenants contained in this Section. <br />The foregoing indemnity shall further apply to any contamination of any property <br />or natural resources caused by the District or its agents arising in connection with <br />the generation, use, handling, treatment, storage, transport or disposal of any <br />such Hazardous Materials, and irrespective of whether any of such activities <br />were or will be undertaken in accordance with Hazardous Materials Laws and <br />shall include, without limitation, any Claims arising in connection with any <br />investigation of site conditions or any cleanup, remedial, removal or restoration <br />work ordered by a court or required by any federal, state, or local governmental <br />agency or political subdivision. This Section shall survive the expiration or earlier <br />termination of this Agreement. <br />NOTICE. <br />Notices herein required to be given or which may be given by either Party to the <br />other shall be deemed to have been fully given when served personally on the <br />City or District, or when made in writing and deposited in the United States mail, <br />certified mail, return receipt requested, postage prepaid and addressed as <br />follows: <br />To CITY: City of San Leandro <br />Engineering and Transportation Department <br />City Hall <br />835 E. 14 Street <br />San Leandro, CA 94577 <br />Attn: Tara Peterson, Administrative Services Manager <br />To DISTRICT: San Leandro Unified School District <br />14735 Juniper Street <br />San Leandro, CA 94579 <br />Attn: Michael B. Murphy, Director of Measure B & Bond <br />Projects <br />0 <br />
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