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<br />(f) District shall not have any interest in the Property or be entitled to any <br />reimbursement or repayment for any work performed upon the Property pursuant to this <br />Agreement. <br /> <br />(g) The District shall take all necessary precautions to prevent the import <br />and/or release into the environment of any hazardous materials which are imported to, in, on or <br />under the Property during this right of entry. If hazardous materials are imported onto the <br />Property as a result of the surveying and geotechnical soil testing, the District shall be solely <br />responsible for removing such imported hazardous materials in conformance with all <br />governmental requirements. The District shall report to the City, as soon as possible after each <br />incident, any unusual or potentially important incidents with respect to the environmental <br />condition ofthe Property. <br /> <br />3. Indemnity. District hereby agrees to defend, indemnify and hold the City and its <br />officers, officials, members, employees, agents and representatives, harmless from and against <br />any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, <br />reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or <br />attributable to the activities of District or any of its employees, agents, consultants or contractors <br />upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at <br />the sole cost, risk and expense of the District. <br /> <br />4. License Payment. Upon execution of this Agreement, and the first of each <br />month so long as this Agreement is in effect, District shall pay to City a monthly license fee of <br />$1.00. <br /> <br />5. Miscellaneous. <br /> <br />(a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California. <br /> <br />(b) Remedies. Either party shall, in addition to all other rights provided <br />herein or as may be provided by law, be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the right to pursue anyone or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br /> <br />(c) Counterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br /> <br />(d) Non-Liability of Public Officials. No officer, employee, member, agent <br />or representative of the City shall be personally liable to District, or any successor in interest, in <br />the event of any default or breach by the City, or for any amount which may become due to <br />District or its successor, or for any breach of any obligation of the terms of this Agreement. <br /> <br />3 <br />