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v. In the event that District or its elected officials,officers, employees, agents, <br /> representatives,consultants,volunteers, or contractors cause or allow any <br /> Hazardous Materials to be released, spilled, or otherwise exposed <br /> through, in connection with, or during its activities under this MOU and <br /> License Agreement, District shall be solely responsible for all costs <br /> associated with the proper handling, mitigation, remediation, and disposal <br /> of the Hazardous Materials and all related cleanup. <br /> 3. Maintenance of Fencing. District acknowledges responsibility for installation, maintenance <br /> and repair of Fencing. City's Park Superintendent, or his or her designee, may contact <br /> District regarding any concerns about District Fencing attached to City's Amaral Park fence <br /> posts, and District and City shall reasonably work to promptly resolve such concerns. <br /> C. CITY'S OBLIGATIONS. In consideration for District's obligations under this MOU and License <br /> Agreement, the City shall comply with the following obligations. <br /> 1. Fence Work. City's obligations for the Fence Work include: <br /> a) City to allow and provide the necessary access to the Licensed Area to District and <br /> its contractors to perform the Fence Work. <br /> 2. Grant of Non-exclusive License. City shall allow District access to the Licensed Area upon <br /> execution of this MOU and License Agreement. <br /> a) City grants to District and to District's agents, employees, and contractors non- <br /> exclusive license running with the land for access to, on, over, under and across <br /> the Licensed Area for the purposes of: <br /> i. Installing, constructing, operating, owning, maintaining, accessing, <br /> removing and replacing the Fence Work. <br /> ii. Performing all of District's obligations and enforcing all of District's rights <br /> set forth in this Agreement. <br /> iii. The License may be terminated by either party upon one hundred and <br /> twenty (120) days written notice to the other ("License Term"). <br /> iv. During the License Term, the City shall ensure that District's rights under <br /> the License and District's access to the Licensed Area are preserved and <br /> protected and shall not interfere with or permit any third parties to interfere <br /> with such rights or access. <br /> 3. License Fee. No fee, rent or charge is due under this MOU and License <br /> Agreement from the District to the City. <br /> D. REMOVAL AND RESTORATION. If the City needs to use the portions of Amaral Park where <br /> District's Fencing is connected to City's Amaral Park fence posts to access public utilities or public <br /> improvements, City and District shall cooperate regarding timing of City work and any needed <br /> removal and restoration of District's Fencing connection to City's Amaral Park fence posts. <br /> E. INDEMNIFICATION. District shall indemnify, hold harmless and defend City, its officers, employees <br /> and agents against any and all claims for liability, for any injury to or death of any person, or damage <br /> to any property whatsoever caused by, created by District, or its contractor's, use of Amaral Park for <br /> Fencing installation and maintenance. <br /> MOU AND LICENSE AGREEMENT—PUSD&CITY OF PLEASANTON RE FENCING AT MOHR ES Page 4 of 8 <br />