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area. A separate agreement will be entered into between City and District that <br /> • <br /> sets forth the terms regarding the use and maintenance of the Property. <br /> 5. INDEMNIFICATION. <br /> To the fullest extent allowed by law, District shall defend, save, and hold City and <br /> its elected and appointed officers, officials, employees, agents and <br /> representatives (all of the foregoing, collectively the "Indemnitees ") harmless <br /> from any and all claims or causes of action for death or injury to persons, or <br /> damage to property resulting from the negligent or inadequate supervision of its <br /> contractors in the development of the Property. <br /> 6. RESOLUTION OF DISPUTES. <br /> Any dispute arising out of the use of the Property shall be resolved by the City <br /> Manager and Superintendent of the District. In the event these two parties are <br /> unsuccessful in resolving any dispute, the Parties agree to submit the dispute to <br /> mediation. <br /> 7. NO WARRANTY OF SUITABILITY. <br /> It is the District's election to undertake the Work. City makes no representations <br /> or warranties regarding the suitability, condition or fitness of the Property for the <br /> use. <br /> 8. TERMINATION. <br /> Either Party may terminate this agreement, with or without cause, with sixty (60) <br /> calendar days written notice to the other Party. <br /> 9. NO INTEREST IN PROPERTY. <br /> Nothing herein shall be deemed to create a lease or easement to any property, <br /> or to grant any interest in the Property other than a non - exclusive real property <br /> license to enter upon and use the Property, revocable as set forth herein. <br /> 10. ENVIRONMENTAL DISCLOSURE AND INDEMNITY. <br /> Prior to the commencement of any Work, the City shall notify the District in <br /> writing regarding the presence of any Hazardous Materials (as defined in Exhibit <br /> C) or underground utilities located at the properties depicted on Exhibits A and B. <br /> If, during construction, pre- existing hazardous substances are encountered by <br /> the District's contractor, all work shall cease in that area and the District shall <br /> promptly notify the City. Thereafter, the parties shall attempt to resolve how to <br /> remove or abate the condition in accordance with applicable law. If no agreement <br /> can be reached regarding the method of abatement or how that work shall be <br /> 3 <br />