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8 <br />notify the City. Thereafter, the Parties shall attempt to resolve how to remove or <br />abate the condition in accordance with applicable law. If no agreement can be <br />reached regarding the method of abatement or how that work shall be funded, the <br />District may cease work in the area where the condition is located and the City <br />shall be responsible for the site. <br /> <br /> <br />District shall indemnify, defend (with counsel approved by the City) and hold the <br />lndemnitees (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 or 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 /> <br />12. NOTICE. <br /> <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 follows: <br /> <br />To City: City of San Leandro <br /> City Hall <br /> Engineering & Transportation Department <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: Tara Peterson, Administrative Services Manager <br /> <br />With Copy to: City Attorney <br /> Meyers Nave <br /> 555 12th Street, Suite 1500 <br /> Oakland, CA 94607 <br /> <br />