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use of fields – corvallis and los alisos - City of Norwalk

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the Snack Bar <strong>and</strong> Storage Container, ownership <strong>of</strong> the same shall pass to the SchoolDistrict. <strong>City</strong> shall have the right to remove the Snack Bar <strong>and</strong> Storage Container at anytime while this Agreement is in effect at its sole cost <strong>and</strong> shall restore site to its originalcondition.9. Indemnification.<strong>City</strong> shall defend, indemnify <strong>and</strong> hold the School District, its<strong>of</strong>ficers, board members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong>all damages or liabilities arising out <strong>of</strong>, or incurred in connection with or resulting fromthe activities <strong>of</strong> the <strong>City</strong> permitted hereby <strong>and</strong>/or the performance by <strong>City</strong> <strong>of</strong> itsobligations herein, including placement <strong>and</strong> <strong>use</strong> <strong>of</strong> the Snack Bar or Storage Containeron site. <strong>City</strong> shall assume all risks <strong>of</strong> damage or liability that may occur to the SnackBar <strong>and</strong> Storage Container or as a result <strong>of</strong> the presence <strong>of</strong> the Snack Bar <strong>and</strong> StorageContainer on the site. The <strong>City</strong>’s responsibility for damage to the Snack Bar <strong>and</strong>Storage Container shall not include responsibility for damage incurred as a direct result<strong>of</strong> School District employees or students <strong>of</strong> School District supervised by School Districtemployees during school hours or school activities.School District shall defend, indemnify <strong>and</strong> hold <strong>City</strong>, its <strong>of</strong>ficers,council members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong> alldamages or liabilities arising out <strong>of</strong>, or incurred in connection with, School Districtactivities, or in the performance by School District <strong>of</strong> its obligations pursuant to thisAgreement.Both <strong>City</strong> <strong>and</strong> School District shall have the right to self insure forboth property <strong>and</strong> public liability insurance to the same extent that <strong>City</strong> or School Districtself insure for other <strong>City</strong> <strong>and</strong> School District property <strong>and</strong> operations.During the entire term <strong>of</strong> this Agreement <strong>and</strong> any extension there<strong>of</strong>,the School District <strong>and</strong> the <strong>City</strong> shall be under no obligation to repair or restore thewhole or any portion <strong>of</strong> any building or other structure on the Described Area or theSnack Bar <strong>and</strong> Storage Container which may be damaged or destroyed by reason <strong>of</strong>fire, earthquake, the elements or casualty.Pg. 5 <strong>of</strong> 9 Revised: February 9, 2011

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