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E, Payment <br />The City agrees to pay, and SAUSD agrees to accept as total payment for all <br />paint and paint supplies necessary for the Project, a total sum not to exceed two - <br />hundred dollars ($200.00) for each School participating in the project. Pursuant <br />to Exhibit A, there are six Schools participating in the project, which equates to a <br />total payment of $1,200.00 to SAUSD, The City will send payment to SAUSD <br />after an Agreement and Release from Liability forms, as attached hereto as <br />Exhibit B and incorporated herein by reference, has been fully executed by a <br />representative for SAUSD and a representative for each participating School. <br />Completion of the artwork by each School will serve to verify that payment was <br />used for the purpose of the project. Receipts will not be required. However, if a <br />School is unable to complete the artwork for the assigned utility box by the <br />completion date, then funds allocated for the School shall be returned to the City <br />within a reasonable time. <br />F. Indemnity and Release of Liability <br />SAUSD shall defend, indemnify, protect and hold harmless the City, or its <br />elected and appointed officers, employees, members or agents from and against <br />all claims for damages, liability, cost and expense (including, without limitation, <br />attorney's fees) arising out of or alleged by third parties as a result of the <br />negligent acts, errors or omissions or the willful misconduct of any School, or <br />School's employees, subcontractors or other persons, agencies or firms for <br />whom SAUSD is legally responsible in connection with the execution of the work <br />covered by this agreement. SAUSD shall have no duty to indemnify or hold <br />harmless the City if claims, damages, liability, costs, expenses (including, without <br />limitation, attorney's fees) arise from the sole negligence or sole willful <br />misconduct of the City subsequent declaration by the School. The SAUSD's <br />obligations shall survive the termination of this Agreement. <br />SAUSD agrees to hereby fully release and forever discharge the City from any <br />and all claims, demands, damages, losses, and liabilities (hereinafter collectively <br />referred to as "claims "), which are or may be related to or in any way connected <br />with the negligence or willful misconduct of Its officers, officials, employees, or <br />agents in connection with the creation, painting or installation of the artwork. <br />3. To protect the City, a representative from SAUSD and a representative from <br />each participating School shall execute a Release of Liability form before <br />participating in the Utility Box Art Pilot Project. A true and correct copy of the <br />Release of Liability form is attached hereto as Exhibit B and incorporated herein <br />by this reference. All terms and requirements of the Release of Liability shall be <br />enforceable in addition to all terms and requirements of this Agreement. <br />25A -19 <br />