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S. HOLD HARMLESS <br /> a. Each Party agrees to indemnify, defend, and hold harmless the other party and its <br /> respective governing boards, councils, officers, boards, agents and employees <br /> against and from any and all claims suits, actions of every name, kind, and <br /> description, which may be brought against indemnitees by reason of any injury <br /> or death of any person (including corporations, partnerships, and association) or <br /> damage suffered or sustained by any such person solely arising from any act or <br /> omission to act, negligent or otherwise, of indemnitors, their officers, agents, or <br /> employees under this Agreement. <br /> b. In the event of concurrent negligence of either Party, its officers and/or <br /> employees, then the liability for any and all claims for injuries or damage to <br /> persons and/or property which arise out of term and conditions of this Agreement <br /> shall be apportioned according to the California theory of comparative <br /> negligence. <br /> 9. DISPUTE RESOLUTION <br /> Should any dispute arise out of this Agreement, the PARTIES should meet in mediation <br /> and attempt to reach a resolution with the assistance of a mutually acceptable mediator. <br /> The costs of the mediator, if any, shall be shared by the PARTIES. If a mediated <br /> settlement is reached, neither Party shall be the prevailing Party for the purposes of this <br /> settlement. Neither Party shall be permitted to file legal action without first meeting in <br /> mediation and maintaining a good faith attempt to reach a mediated resolution. <br /> 10. TERMINATION <br /> Any Party may withdraw from this Agreement giving the other Party sixty (60) days <br /> written notice. The rights and obligations of the terminating Party terminate sixty (60) <br /> days after notice is given. <br /> 11 . COMPENSATION AND FUNDING <br /> For fiscal year 2016-17 each of the Parties agrees to contribute the following sums to <br /> support the work of the Redwood City Community Schools: <br /> City of Redwood City $ 100,000 <br /> Redwood City School District $195,000 <br /> 12. PAYMENT <br /> City of Redwood City agrees to transfer to RCSD their contribution within sixty (60) <br /> days of the date of the execution of this Agreement. <br /> 13. COMPLETENESS OF AGREEMENT <br /> This Agreement constitutes the entire understanding of the parties and any changes shall <br /> be agreed to in writing. <br /> ATfY/AGR/2016.182/REDWOOD CITY COMMUNITY SCHOOLS FY 16-17 <br /> REV: 07-12-16 RL <br /> Page 4 of 7 <br />