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Agmt 2012 San Leandro Unified School District SLUSD
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Agmt 2012 San Leandro Unified School District SLUSD
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Last modified
5/29/2013 5:05:29 PM
Creation date
1/19/2012 1:02:37 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/24/2012
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PERM
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Reso 2012-005
(Approved by)
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\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 /> 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 /> 11. 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 /> • <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 /> 4 <br />
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