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employees except such loss or damage which was caused by the sole negligence
<br />or willful misconduct of City. In the event City is named as codefendant,
<br />Concessionaire shall notify City of such fact and shall represent City in such legal
<br />action unless City undertakes to represent itself in such legal action.
<br />Concessionaire further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of the City, including fees and costs for special counsel to be selected
<br />by City, regarding any action by a third party challenging the validity of this
<br />Agreement, or asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terns of, or effects arising from this Agreement. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />7.2.2 Indemnification Regarding Hazardous Material. Concessionaire
<br />covenants and agrees to indemnify City from and against any contamination of
<br />the Facilities with Hazardous Materials by Concessionaire occurring after
<br />commencement of this Concessionaire Agreement. Concessionaire further agrees
<br />to defend and hold harmless the City from and against any and all actions,
<br />agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants,
<br />damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses,
<br />obligations, and orders which arise during or after the term of this Agreement
<br />related to the existence of Hazardous Materials (from whatever cause) on the
<br />Facilities or in the groundwater on or under the Facilities except for: (1) the cost
<br />of any remediation of Hazardous Materials deposited in the soils of the Facilities
<br />by the City or its employees, agents and contractors, and, (2) any third party
<br />personal injury actions which allege exposure to such undiscovered Hazardous
<br />Materials as a result of use of the Facilities in a City -sponsored program, or third
<br />party activity scheduled by the City. This indemnification includes, without
<br />limitation, costs incurred in connection with any investigation of site conditions or
<br />any cleanup, remedial, removal, or restoration work required by any federal, state,
<br />or local governmental agency or political subdivision because of Hazardous
<br />Material present in the soil or groundwater on or under the Facilities. As used
<br />herein, the term "Hazardous Material" shall be interpreted broadly to means any
<br />hazardous or toxic substance, material, or waste which now is or hereafter
<br />becomes regulated by any local governmental authority, the State of California or
<br />the United States Government.
<br />8.0 NOTICES. All written notices required to be given pursuant to the terms hereof
<br />shall be either (i) personally delivered, (ii) deposited in the United States express mail or
<br />first class mail, registered or certified, return receipt requested, postage prepaid, (iii)
<br />delivered by overnight courier service, or (iv) delivered by facsimile, provided that the
<br />original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later
<br />than one business day following such facsimile. All such notices shall be deemed
<br />delivered upon actual receipt (or upon the fust attempt at delivery pursuant to the
<br />methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to
<br />accept delivery). All such notices shall be delivered to the following addresses, or to
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