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6.1.C. - Page 6 �ity wil! defend, indemnify and hold harrnless District and its c�fficer�, agents, employees and vc�iunteers from and against all ciaims, damages, Ic�sses and expenses including attorney fees arising out c�f the performance of the abave-referenced services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Gity, any subcc�ntractor, anyone directly or indirectly employed by any of them or anyone fc�r whose acts any of them may be liable, except where caused by the sole negligence or willful rniscanduct af District, 8, Dispute Resolution. Sht�i.�ld any dispute arise aut c�f this Agreement, the Parties shall meet in rnediation and attempt to reach a resolutivn with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be paid equally by the Parties, If a mediated settlement is reached, neither Party shall be the prevailing party far the purposes of the resolutit�n of the dispute. Neither Party shall be perrnitted to file legal action without first meeting in rnediation and maintaining a good faith attempt to reach a mediatic�n resalution. Each Party will bear their t�wn attorney's fees, if any. 9. Relationship of Parties. 9.1 Reimbursement to City in exchange for staffing the SchoQl Resource Officer doe� not constitute employment of the officer, and no "special relatic�nship,'° as that term may defined by lawr, is created or established with C�istrict, or its officers, employees, or successors, or with any third party as a result c�f this Agreement. Further, nothing in � � this Agreement is intended to ar shall in any manner affect or lirnit the � privileges or immunities ar other pratections acc�rded to City or it� � employees under federal law or state law t�r other law. 3 � 9.2 Nothing in this Agreement is intended to, nor shall it, shift to City any � legal respc�nsibilities, if any, that District may have tc� the pubiic ar to r Qthers present on its prernises. S 9.3 Neither party nor any of the party'� agents, contractors or � subcontractors are or shall be considered ta be agents of the other in � connection with the performan�ce of any obligations under this � Agreernent. � 10. Third Partv Beneficiarv. This Agreement including, but not limited to, � indemnification provisions, is for the benefit of the Parties or�ly and does nt�t create, nar � is it intended tv create, any benefit or liability ta third parties. _ ¢ Y 11. Notices. All notices, staternents, demands, requests, eonsents, a�provals, ; authori2atit�ns, appointments c�r designations hereunder by either Party to the ather will � ,: be in writing and will be deemed given and �erved upon the Party if delivered persc�nally Q or three {3} days after depositing in the United States mail, pc�stage prepaid, addressed as fc�llows: ATTY/A�R12�13.0011SCNd0�F2ESOURCE OFFIGER A7 KENNEDY HOt?VEF2 F REV:01-07-13 ML� E Page 4 of 6 € i s