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If the CITY requests, DISTRICT shall assist CITY with the layout and construction and signing of trail improvements on the equestrian bypass section of the Ridgeline Trail in order to protect fragile meadow areas from equestrian damage. E. Gates and Locks Each agency will provide an approved list and number of locks to be allowed on gates; notice will be given to each agency of changes. F. Contact Staff Each agency shall provide a list of staff and telephone numbers to be contacted for addressing park operation issues. 4. INDEMNITY City shall defend, indemnify and hold District, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, employees or agents. District shall defend, indemnify and hold City, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of District, its officers, employees or agents. 5. TERM The term of this Agreement shall be five (5) years provided, however, that either agency may terminate this Agreement by notifying the other agency in writing ninety (90) days in advance of the termination date. The CITY may extend the agreement, upon all of the same terms and conditions herein contained, for four (5) five-year additional option periods, commencing upon the expiration of the initial term. Such option shall be exercised, if at all, by CITY by delivering to DISTRICT at least six (6) months prior to the expiration of the initial term a written notice of its intention to extend the initial term of this Agreement. The word "term" as used in this Agreement shall include both the initial term and the extended term. 6. MODIFICATIONS Any modifications to this Agreement shall be approved by the City Council of CITY and by the Board of Directors of DISTRICT in order to be effective. 3