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INDEMNITY AND HOLD HARMLESS AGREEMENT, <br /> <br /> AND RELEASE, BY CITY OF PLEASANTON <br /> IN FAVOR OF CITY OF OAKLAND <br /> <br />In consideration of the conducting by City of Oakland ("City") of an 80-hour <br />motorcycle training course for peace officers from September 27 to October 8, <br />1982, and allowing employees of City of Pleasanton (hereinafter "Contracting <br />Agency") to take part in said course, Contracting Agency agrees to indemnify <br />and defend City and its officers and employees against, and to hold them <br />harmless from, any and all claims, loss, liability and damages in any way <br />arising from City's conducting of said course and participation therein by <br />Contracting Agency's employees, whether based on negligent fault or other <br />fault 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 on duty <br />with Contracting Agency while participating in said course. <br /> <br />Contracting Agency further agrees to indemnify and reimburse City for damages <br />in any way caused City by employees of Contracting Agency while participating <br />in said course. <br /> <br />Contracting Agency hereby releases City and its officers and employees from <br />any and all liability to Contracting Agency in any way arising from City's <br />conducting of said course, whether based on negligent fault or other fault <br />or on absence of fault, and hereby waives any and all rights and benefits <br />Contracting Agency might have under Section 1542 of the California Civil <br />Code. <br /> <br />DATED: September 27, 1982 <br /> <br />EASANTON <br /> <br />· E. Eastman <br />Chief of Police <br /> <br /> <br />