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RCSO Agreement Number 200809-204 A 6.1E FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE Page 13 REDWOOD CITY ELEMENTARY SCHOOL DISTRICT AND CITY OF REDWOOD CITY FOR THE AFTER SCHOOL EDUCATION AND SAFETY (ASES) PROGRAM. THIS AMENDMENT, entered into this 13 day of August, 2008, by and between the REDWOOD CITY ELEMENTARY SCHOOL DISTRICT (hereinafter called DISTRICT), a political subdivision of the State of California, and the City of Redwood City (hereinafter called CONTRACTOR), W'I'I'N'.E'~'.s..E'I'H WHEREAS, the parties entered into an Agreement for services for after school programs, enrichment services, educational support, after school evaluation and sustainability for Fair Oaks, Garfield Charter, John Gill, Hawes, Hoover, Selby Lane and Taft Schools effective on July 1,2008, for a one.year period ending June 30, 2009, for an amount not to exceed $ 758,618.75; and WHEREAS, the original term is still in existence, and the parties now desire to amend the Agreement to expand the scope of the HOLD HARMLESS provision on paragraph 8 of the original agreement, which states that: HOLD HARMLESS CONTRACTOR agrees to indemnify and defend the DISTRICT, its employees, and agents from any and all claims, damages, and liability in any way occasioned by or arising out of the performance of this agreement; and WHEREFORE, THE PARTIES HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. Paragraph 8 of the Agreement is hereby amended to provide HOLD HARMLESS CONTRACTOR agrees to indemnifY and defend the RCSD, its officers, employees, agents and assigns from and against all claims, damages, losses, expenses, costs, attorneys' fees and liability arising out of or resulting from either (i) CONTRACTOR's breach of its obligations under this contract or (ii) the negligence or willful misconduct of the CONTRACTOR or its officers, employees or agents Conversely, RCSD agrees to indemnify and defend the CONTRACTOR, its officers, employees. agents and assigns from and against all claims, damages, losses, expenses, costs, attorneys'fees and liability arising out of or resultingfrom either (i) RC'SD's breach of its obligations under this contract or (ii) the negligence or wilfful misconduct of the RCSD or its ofJicers, employees or agentsfor this amendment agreement.