Agmt 2013 San Leandro Unified School District SLUSD (3)

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notify the City. Thereafter, the Parties shall attempt to resolve how to remove or abate the condition in accordance with applicable law. If no agreement can be reached regarding the method of abatement or how that work shall be funded, the District may cease work in the area where the condition is located and the City shall be responsible for the site. District shall indemnify, defend (with counsel approved by the City) and hold the Indemnitees (as defined in Section 5) harmless from and against all Claims arising during the Term of this Agreement and resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials on or under, in or about, or the transportation of any such Hazardous Materials to or from the Property during the Term, where such actions or events were caused by the District or its agents, (ii) the failure of the District, the District's employees, agents, contractors, and subcontractors or any person acting on behalf of any of the foregoing to comply with Hazardous Materials Laws (as defined in Exhibit C), or (iii) the breach by the District of any of its covenants contained in this Section. The foregoing indemnity shall further apply to any contamination of any property or natural resources caused by the District or its agents arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials Laws and shall include, without limitation, any Claims arising in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work ordered by a court or required by any federal, state, or local governmental agency or political subdivision. This Section shall survive the expiration or earlier termination of this Agreement. 12. NOTICE. Notices herein required to be given or which may be given by either Party to the other shall be deemed to have been fully given when served personally on the City or District, or when made in writing and deposited in the United States mail, certified mail, return receipt requested, postage prepaid and addressed as follows: To City: City of San Leandro City Hall Engineering & Transportation Department 835 East 14th Street San Leandro, CA 94577 Attn: Tara Peterson, Administrative Services Manager With Copy to: City Attorney Meyers Nave 555 12th Street, Suite 1500 Oakland, CA 94607 8