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ATTACHMENT 1 <br /> volunteers or representatives from and against any and all liability, claims, actions,proceedings, <br /> losses, injuries, damages or expenses of every name,kind and description, including litigation <br /> costs and reasonable attorney's fees incurred in connection therewith, brought for or on account <br /> of personal injury (including death) or damage to property, arising out of or connected with any <br /> negligent acts or omissions or willful misconduct of that party or its officers, agents,employees, <br /> volunteers, or contractors or their subcontractors, when performing any activities or obligations <br /> required of that party under this MOU,unless caused wholly by the sole negligence or willful <br /> misconduct of the other party. The defense and indemnity responsibilities of each party shall not <br /> exceed the proportionate percentage of a party's fault, as determined by a court of competent <br /> jurisdiction, and any amounts paid in excess of such established fault shall be reimbursed by the <br /> other party determined to be at fault. Each party shall notify the other party immediately in <br /> writing of any claim or damage related to activities performed under this MOU. The parties <br /> shall cooperate with each other in the investigation and disposition of any claim arising out of the <br /> activities under this Agreement, providing that nothing shall require either party to disclose any <br /> documents,records or communications that are protected under attorney-client privilege or <br /> attorney work product privilege. <br /> THIS MOU is executed the date and year first above written. <br /> CITY OF PLEASANTON PLEASANTON UNIFIED SCHOOL <br /> DISTRICT <br /> By: By: <br /> Gerry Beaudin, City Manager <br /> Its: <br /> ATTEST: <br /> Jocelyn Kwong, City Clerk <br /> APPROVED AS TO FORM: <br /> Daniel G. Sodergren, City Attorney <br /> 4 <br />