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States Government. The term "Hazardous Materials" includes, without limitation, petroleum
<br />products, asbestos, PCB's, and any material or substance which is (i) defined as hazardous or
<br />extremely hazardous pursuant to Title 22 of the California Code of Regulations, Division 4.5,
<br />Chapter 11, Article 4, section 66261.30 et seq. (ii) defined as a "hazardous waste" pursuant to
<br />section (14) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. (42
<br />U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to section 10 of the
<br />Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq.
<br />(42 U.S.C. 9601). As used herein, the term "Hazardous Materials Law" shall mean any statute,
<br />law, ordinance, or regulation of any governmental body or agency (including the U.S.
<br />Environmental Protection Agency, the California Regional Water Quality Control Board, and the
<br />California Department of Health Services) which regulates the use, storage, release or disposal of
<br />any Hazardous Material.
<br />18.4. Notice. City will promptly notify District in writing if City has or acquires notice or knowledge
<br />that any Hazardous Substance has been or is threatened to be, released, discharged, disposed of,
<br />transported, or stored on, in, or under or from the Pacific Sports Complex in violation of
<br />Environmental Laws. City shall promptly provide copies to District of all written assessments,
<br />complaints, claims, citations, demands, fines, inquiries, reports, violations or notices relating to
<br />the conditions of the Pacific Sports Complex or compliance with Environmental Laws. City shall
<br />promptly supply District with copies of all notices, reports, correspondence, and submissions
<br />made by City to the United States Environmental Protection Agency, the United States
<br />Occupational Safety and Health Administration, and any other local, state, or federal authority
<br />that requires submission of any information concerning environmental matters or Hazardous
<br />Substances pursuant to Environmental Laws. City shall promptly notify District of any liens
<br />threatened or attached against the Pacific Sports Complex pursuant to any Environmental Laws.
<br />19. INDEMNIFICATION
<br />19.1. Indemnification of District. To the furthest extent permitted by California law, City shall protect,
<br />defend, indemnify and hold harmless District, and its officers, agents, representatives,
<br />consultants, employees, trustees and volunteers ("District's Indemnified Parties") from any and
<br />all demands, liabilities, losses, damages, injury, claims, suits, and actions ("Claims") of any kind,
<br />nature or description, including, but not limited to, personal injury, death, property damage, and
<br />consultants' and/or attorneys' fees and costs, directly arising out of, connecting with or resulting
<br />from the performance of this Agreement or from any activity, work, or thing done, permitted, or
<br />suffered by the City in conjunction with this Agreement except to the extent that the Claims are
<br />caused by the negligence or willful misconduct of the District or the District's Indemnified Parties.
<br />To the furthest extent permitted by California law, District shall protect, defend, indemnify and
<br />hold harmless City, and its officers, agents, representatives, consultants, employees, and
<br />volunteers ("City's Indemnified Parties') from any and all demands, liabilities, losses, damages,
<br />injury, claims, suits and actions ("Claims') of any kind, nature or description, including, but not
<br />limited to, personal injury, death, property damage and consultants' and/or attorneys' fees and
<br />costs, directly arising out of, connecting with or resulting from the performance of the
<br />Agreement or from any activity, work, or thing done, permitted, or suffered by the District in
<br />conjunction with this Agreement except to the extent that the Claims are caused by the
<br />negligence or willful misconduct of the City or the City's Indemnified Parties.
<br />20. INSURANCE. Each Party shall, during the Term, obtain, procure and/or maintain current in force and
<br />effect the policies set forth in Exhibit "B". All policies, endorsements, certificates shall be subject to
<br />approval by the other Partys Risk Manager as to form and content. The insurance requirements are
<br />subject to amendment or waiver if so approved in writing by both Parties. Each Party agrees to provide
<br />the other Parry with a copy of said policies, certificates and/or endorsements upon execution of this
<br />Agreement.
<br />Community Recreation Act Joint Use Agreement- SLUSD- City of San Leandro
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