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6.4.6 Subcontractors. District shall include all subcontractors as insureds <br /> under its policies or shall furnish separate certificates and certified <br /> endorsements for each subcontractor. All coverages for subcontractors <br /> shall be subject to all of the requirements stated herein. <br /> 6.5 Remedies. In addition to any other remedies City may have if District fails to <br /> provide or maintain any insurance policies or policy endorsements to the extent <br /> and within the time herein required, City may, at its sole option exercise any of <br /> the following remedies, which are alternatives to other remedies City may have <br /> and are not the exclusive remedy for District's breach: <br /> • Obtain such insurance and charge the District; <br /> • Order District to stop the Work until District demonstrates compliance with <br /> the requirements hereof; and/or <br /> • Terminate this Agreement. <br /> 7. 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 they are unsuccessful in <br /> resolving any dispute, the Parties agree to submit the dispute to mediation. <br /> 8. NO WARRANTY OF SUITABILITY. <br /> It is the District's election to undertake the Work. City makes no representations or <br /> warranties regarding the suitability, condition or fitness of the Property for District's <br /> intended use. <br /> 9. TERMINATION. <br /> Either Party may terminate this Agreement, with or without cause, upon sixty (60) <br /> calendar days' written notice to the other Party. <br /> 10. NO INTEREST IN PROPERTY. <br /> Nothing herein shall be deemed to create a lease or easement to any property, or <br /> 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. This <br /> Agreement shall not be recorded, or be an encumbrance upon the Property. <br /> 11. ENVIRONMENTAL DISCLOSURE AND INDEMNITY. <br /> Prior to the commencement of any Work, the City shall notify the District in writing <br /> regarding the presence of any known 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 the <br /> District's contractor, all work shall cease in that area and the District shall promptly <br /> 7 <br />