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<br />II <br /> <br />Agreement No. D02-104 <br /> <br />1 <br /> <br /> <br />2 <br /> <br /> <br />3 <br /> <br /> <br />4 <br /> <br /> <br />5 <br /> <br /> <br />6 <br /> <br /> <br />7 <br /> <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br /> <br />11 <br /> <br /> <br />12 <br /> <br /> <br />13 <br /> <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br /> <br />17 <br /> <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br /> <br />21 <br /> <br /> <br />22 <br /> <br />23 <br /> <br /> <br />24 <br /> <br />25 <br /> <br /> <br />26 <br /> <br />contractors, free and harmless from any claim, cause of action or liability <br /> <br /> <br />whatsoever, based or asserted upon any act or omission of CITY, its elected and <br /> <br /> <br />appointed officials, officers, agents, employees and contractors for property <br /> <br /> <br />damage, bodily injury or death or any other element of damage of any kind or <br /> <br /> <br />nature, specifically relating to or in any way connected with or arising from the <br /> <br /> <br />extent and/or ~.dequacy of investigation, or clean-up of pollutants on behalf of <br /> <br /> <br />CITY, performed by, on behalf of, or under the supervision of DISTRICT personnel, <br /> <br /> <br />acting in good faith and with due diligence in fulfillment of DISTRICT's <br /> <br /> <br />responsibilities pursuant to this AGREEMENT; and <br /> <br /> <br />(i) Where CITY staff is providing pollution response duties hereinunder, CITY shall <br /> <br /> <br />indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its elected <br /> <br /> <br />and appointed officials, officers, agents, employees and contractors free and <br /> <br /> <br />harmless from any claim, cause of action, or liability whatsoever, based or <br /> <br />asserted upon any act of CITY, its elected and appointed officials, officers, <br />agents, employees and contractors, for property damage, bodily injury or death or <br /> <br />any other element of damage of any kind or nature, relating to or in any way <br /> <br />connected with or arising from the accomplishment of services performed by CITY in <br /> <br /> <br />implementing or enforcing CITY ORDINANCE to which DISTRICT was not a party of. <br /> <br /> <br />SECTION 3. GENERAL PROVISIONS <br /> <br /> <br />(a) The term of this AGREEMENT shall be for a period of two (2) years commencing with <br /> <br /> <br />the date of the execution of this AGREEMENT, renewable for an additional three (3) <br /> <br /> <br />years upon mutual agreement of the PARTIES as memorialized in writing by the CITY and <br /> <br />the Director of Public Facilities and Resources Department (PFRD) , or her designee, <br /> <br /> <br />on behalf of the DISTRICT. <br /> <br /> <br />(b) Either party may terminate this AGREEMENT in advance of the termination date, <br /> <br /> <br />upon sixty (60) days written notice to the other party sent to the following <br /> <br /> <br />addresses <br /> <br />6 <br />