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