Agmt09 Belmont Redwood Shores School District

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obligated under this Agreement to defend and/or indemnify the City to the extent that any damage or injury is caused by the negligence or willful misconduct of the City or its agents or employees. 6. Default. The failure to maintain the Landscaping Improvements will constitute an event of default. Upon such event of default, City shall provide written notice to the District. Upon receipt of the written notice, the District shall have thirty (30) days to remedy such event of default (or such longer period of time as may reasonably be required, provided that the District shall commence to remedy such default within the thirty (30) day period and thereafter diligently prosecute such remedy to completion). If the District fails to remedy the event of default within the prescribed time period, City shall have the right to do all work necessary to remedy the event of default and charge the District actual costs incurred by City for such work. 7. Notices. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, fITst class (or equivalent), postage prepaid and addressed, as follows: To the District: Belmont-Redwood Shores School District 2960 Hallmark Drive Belmont, CA 94002 Attn: Superintendent Facsimile No.: (650) 637-4811 With a courtesy copy to: Office of the County Counsel 400 County Center, 6th Floor Redwood City, CA 94063 Attn: Claire A. Cunningham, Esq. Facsimile No.: (650) 363-4034 To the City: City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 8. Miscellaneous. (a) Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement. (b) Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof. (c) Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Mateo. (d) Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the parties.