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7.11 -3 <br />rosters, and invoices. District will pay all billings promptly within a period not -to- exceed <br />thirty (30) days from receipt of such billing. <br />5. Term. The term of this Agreement will be for one (1) school year, <br />commencing August 18, 2003, and erminating on June 20, 2004, provided that, the <br />Agreement may be amended by written agreement to extend its term for two (2) <br />consecutive one (1) year periods. <br />6. Hold Harmless. City hereby agrees to defend, indemnify, and save <br />harmless the District, its boards, commissions, officers, employees and agents, from <br />and against any and all claims, suits, actions liability, loss, damage, expense, cost <br />(including, costs and fees of litigation) of every nature, kind or description, which may be <br />brought against, or suffered or sustained by District, its boards, commissions, officers, <br />employees or agents to the extent such claims, suits, actions, liability, loss, damage, <br />expense, cost (including costs and fees of litigation) of every nature, kind or description <br />which may be brought against, or suffered or sustained by District, its boards, <br />commissions, officers, employees or agents are caused by the negligent act or <br />omission, intentional tortious act or omission, or willful misconduct of City, its officers, <br />employees or agents in the performance of any services or work pursuant to this <br />Agreement. <br />District hereby agrees to defend, indemnify, and save harmless the City, its <br />council, boards, commissions, officers, employees and agents, from and against any <br />and all claims, suits, actions liability, loss, damage, expense, cost (including, costs and <br />fee3 of litigation) of every nature, kind or description, which may be brought against, or <br />suffered or sustained by City, its council, boards, commissions, officers, employees or <br />agents to the extent such claims, suits, actions, liability, loss, damage, expense, cost <br />(including costs and fees of litigation) of every nature, kind or description which may be <br />brought against, or suffered or sustained by City, its council, boards, commissions, <br />officers, employees or agents are caused by the negligent act or omission, intentional <br />tortious act or omission, or willful misconduct of District, its officers, employees or <br />agents in the performance of any services or work pursuant to this Agreement. <br />7. Dispute Resolution. Venue. Jurisdiction. Should any dispute arise out of <br />this Agreement, the Parties agree to first attempt mediation to resolve the dispute. In <br />the event that mediation fails, and a legal action is commenced, the Parties agree and <br />stipulate that the proper venue and jurisdiction for resolution of any disputes between the <br />Parties arising out of this Agreement is the San Mateo County Superior Court. <br />8. Insurance The Parties are responsible for the maintenance of insurance <br />to provide protection for any claims pursuant to Section 6 Hold Harmless of this <br />Agreement. <br />9. Non - Discrimination and Eaual O000rtunity. City hereby warrants and <br />agrees, in connection with the performance of this Agreement, it will not discriminate <br />F:Atty /Agr /Agr.154 2 <br />081503 <br />