Agmt 2014 San Leandro Unified School District SLUSD

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23. ASSIGNMENT. Neither Party shall assign its rights, duties or privileges under this Agreement, nor shall either Party attempt to confer any of its rights, duties or privileges under this Agreement on any third Party, without the written consent of the other Party. 24. NON-DISCRIMINATION. Neither Party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical or mental disability. 25. INDEPENDENT CONTRACTOR STATUS. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties. 27. VERIFICATION OF QUALIFICATIONS. Each Party shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants and/or subcontractors who may provide services in conjunction with each Party's duties or obligations pursuant to this Agreement or the use of the Recreational Facilities. 28. FINGERPRINTING AND CRIMINAL BACKGROUND INVESTIGATIONS. Each Party shall ensure compliance with the fingerprinting requirements of Education Code section 10911.5 for all employees, staff, and/or contractors who could have direct contact with District pupils, regardless of whether such individuals are paid or unpaid. 29. DISPUTE RESOLUTION. If a dispute arises related to the execution of interpretation of this Agreement the Parties agree to attempt first to resolve the dispute through negotiations. Negotiations shall first be attempted by the City Manager and the District Superintendent, or their designees. If negotiations are unsuccessful, the Parties agree to mediate the dispute prior to initiating legal action. 30. CALIFORNIA LAW. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. 31. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 32. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns. 33. AMENDMENTS. Amendments to the terms and conditions of this Agreement shall be requested in writing by the Party desiring the revision, and any amendment to the Agreement shall only be effective upon the mutual agreement in writing of both Parties hereto. 34. COUNTERPARTS. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. 35. CAPTIONS. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intentions of the Parties hereto. Community Recreation Act Joint Use Agreement- SLUSD- City of San Leandro 10