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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 /> 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 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 /> 12. 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 follows: <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 /> With Copy to: City Attorney <br /> Meyers Nave <br /> 555 12th Street, Suite 1500 <br /> Oakland, CA 94607 <br /> 8 <br />