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INDEMNITY AND HOLD HARMLESS AGREEMENT, <br /> <br /> AND RELEASE, BY CITY OF PLEASANTON <br /> <br /> IN FAVOR OF CITY OF OAKLAND <br /> <br />In consideration of the conducting by City of Oakland ("City") of an <br />80-hour motorcycle training course for peace officers from September <br />23 to October 18, 1985, and allowing employees of City of Pleasanton <br />(hereinafter "Contracting Agency") to take part in said course, Con- <br />tracting Agency agrees to indemnify and defend City and its officers <br />and employees against, and to hold them harmless from, any and all <br />claims, loss, liability and damages in any way arising from City's <br />conducting of said course and participation therein by Contracting <br />Agency's employees, whether based on negligent fault or other fault <br />or on absence of fault, and including any claim, loss, or damage of <br />Contracting Agency or of its employees. <br /> <br />Contracting Agency agrees that its employees shall be deemed to be <br />on duty with Contracting Agency while participating in said course. <br /> <br />Contracting Agency further agrees to indemnify and reimburse City <br />for damages in any way caused City by employees of Contracting Agency <br />while participating in said course. <br /> <br />Contracting Agency hereby releases City and its officers and employees <br />from any and all liability to Contracting Agency in any way arising <br />from City's conducting of said course, whether based on negligent <br />fault or other fault or on absence of fault, and hereby waives any <br />and all rights and benefits Contracting Agency might have under Sec- <br />tion 1542 of the California Civil Code. <br /> <br />DATED: <br /> <br />CITY OF PLEASANTON <br /> <br />W. E. Eastman <br />Chief of Pol ice <br /> <br /> <br />