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INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, <br /> <br />BY CITY OF PLEASANTON IN FAVOR OF CITY OF SAN MATEO <br /> <br /> In consideration of the conducting by City of San Mateo ("City") of <br />an 82-hour motorcycle training course for peace officers from <br /> <br />October 18, 1982 to October 30, 1982 , at <br />the east parking lot of San Mateo County Fair Association, and allowing <br /> <br />employees of City of Pleasanton (hereinafter <br />"Contracting Agency") to take part in said course, Contracting Agency <br />agrees to indemnify and defend City and its officers and employees <br />against, and to hold them harmless from, any and all claims, loss, <br />liability and damages in any way arising from City's conducting of said <br />course and participation therein by Contracting Agency's employees, <br />whether based on negligent fault or other fault or on absence of fault, <br />and including any claim, loss, or damage of Contracting Agency or of its <br />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 damage in any way caused City, and for damage in any way caused San <br />Mateo County Fair Association, San Mateo County, or California Jockey <br />Club 6dba Bay Meadows Race Track), 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 from <br />City's conducting of said course, whether based on negligent fault or <br />other fault or on absence of fault, and hereby waives any and all <br />rights and benefits Contracting Agency might have under sec. 1542 of the <br />California Civil Code. <br /> <br />DATED: September 20, 1982 <br /> <br /> CITY OF PLEASANTON <br /> (Contracting Agency) <br />By ~~ <br /> <br />Its CHIEF OF POLICE <br /> <br /> <br />