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<br />5. <br /> <br />LIABILITY INSURANCE. <br /> <br />Both City and District shall <br /> <br />provide public liability insurance in the amount of One Million <br /> <br />Dollars ($1,000,000.00) per occurrence against damage, injury <br /> <br />or death occurring on or about the facilities. <br /> <br />Such insurance <br /> <br />may be either by separate policy or by the inclusion of the <br />other party as an additional insured in existing City or District <br /> <br />liability policies. <br /> <br />Such insurance coverage may be privately <br /> <br />underwritten or part of a self insurance program. <br /> <br />6. <br /> <br />MUTUAL INDEMNIFICATION. <br /> <br />It is agreed that District <br /> <br />shall defend, hold harmless, and indemnify the City, its <br /> <br />officers, agents and employees from any and all claims for <br /> <br />injuries or damages to persons and/or property which arise out <br /> <br />of the terms and conditions of this agreement and which result <br /> <br />from the negligent acts or omissions of District, its ~fficers, <br /> <br />agents and/or employees in connection with the performance of <br /> <br />this agreement. <br /> <br />/ <br /> <br />It is further agreed that City shall defend, and hold <br /> <br />harmless, and indemnify District, its offi¿ers, agents and <br />employees, from any and all claims for injuries and/or to <br /> <br />persons and/or property which arise out of the terms and <br />conditions of this agreement and which result from the negligent <br /> <br />acts or omissions of the City, its officers, agents and/or <br />employees in connection with the performance of this agreement. <br /> <br />In'the event of concurrent negligence of District, its <br />officers, agents and/or employees and the City, its officers, <br /> <br />agents and/or employees, then the liability for any and all <br />claims for injuries or damages to persons and/or property which <br /> <br />arise out of the terms and conditions of this agreement shall be <br />~pportioned under the California theory of comparative negligence <br /> <br />as established presently, or as may be hereafter modified. <br /> <br />7. <br /> <br />SWIMMING POOL. <br /> <br />City and District have heretofore <br /> <br />entered into an agreement dated October 7, 1965 under the terms <br />of which City constructed a swimming pool at the Hoover School <br /> <br />site for joint use by both City and District. <br /> <br />The parties hereto <br /> <br />do hereby agree that this agreement shall supersede the former <br /> <br />4 of 7 <br /> <br />, --.-'.,.----"'-"""""""""-' <br />