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To District: Pleasanton Unified School District ATTN:Shay Galletti 4665 Bernal Ave. Pleasanton,CA 94566 H. To the full extent permitted by law, City and District shall each defend, indemnify and hold harmless each other as well as their respective officers, agents, employees, volunteers or representatives from and against any and all liability, claims, actions, proceedings, losses, injuries, damages or expenses of every name, kind and description, including litigation costs and reasonable attorney's fees incurred in connection therewith,brought for or on account of personal injury (including death) or damage to proper ty, arising out of or connected with any negligent acts or omissions or willful misconduct of that party or its officers, agents,employees, volunteers, or contractors or their subcontractors, when performing any activities or obligations required of that party under this MOU, unless caused wholly by the sole negligence or willful misconduct of the other party. The defense and indemnity responsibilities of each party shall not exceed the proportionate percentage of a party's fault, as determined by a court of competent jurisdiction, and any amounts paid in excess of such established fault shall be reimbursed by the other party determined to be at fault. Each party shall notify the other party immediately in writing of any claim or damage related to activities performed under this MOU. The parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement,providing that nothing shall require either party to disclose any documents, records or communications that are protected under attorney-client privilege or attorney work product privilege. THIS MOU is executed the date and year first above written. CITY OF PLEASANTON PLEASANTON UNIFIED SCHOOL DISTRICT By: By: Gerry Beaudin,City Manager Rachel Mercado,Coordinator, Purchasing Date: Date: 07/28/2023