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Project, the parties shall meet and confer in a good faith attempt to resolve the dispute. <br /> 8. The City may accept the Project after receiving written approval from the <br /> DistricYs representative. District disapproval of City work shall only be for non-conformance <br /> with the City adopted project plans and specifications for the resurfacing of East Bayshore <br /> Road. Said approval or disapproval, if any, by the District shall be provided within 30 days of <br /> the City's request for same so as not to cause the City to sustain any claims for delays from the <br /> Contractor. <br /> 9. To the fullest extent permitted by law, District shall indemnify, defend, and hold <br /> harmless the City, its officers, agents, and employees from all claims, damages, suits or actions <br /> of every name, kind, and description, arising out of or relating to the matters covered by this <br /> Agreement to the extent that such claims, suits or actions are due to the negligence or willful <br /> misconduct of the District or the DistricYs failure to perform obligations required of the District <br /> under this Agreement. <br /> Likewise, to the fullest extent permitted by law, the City shall indemnify, defend, and hold <br /> harmless the District, its officers, agents, and employees from all claims, damages, suits or <br /> actions of every name, kind, and description, arising out of or relating to the matters covered by <br /> this Agreement to the extent that such claims, suits or actions are due to the negligence or <br /> willful misconduct of the City or the City's failure to perform obligations required of the City <br /> under this Agreement. <br /> The duty to indemnify and hold harmless includes the duties to defend as set forth in <br /> Section 2778 of the California Civil Code. <br /> The City shall require the Contractor to name the District and the City, their officers, <br /> agents, and employees as additional insureds on all insurance documents for this project and to <br /> include all work performed on behalf of the District in the bonds, warranties and guaranties to be <br /> furnished by Contractor. <br /> The benefits arising under this Section 9 shall apply to the respective directors, officers, <br /> empioyees and agents of the parties hereto. <br /> ATTY/AGR/2011.039/MANHOLDE ADJUSTMENT COST SHARING AGREEMENT <br /> 062111 <br /> 3 <br />