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2 <br /> <br />c. Either Party may terminate this Agreement upon the other Party's material breach of this <br />Agreement by providing notice to the breaching Party in accordance with Section 8 of this <br />Agreement. <br /> <br />d. The Agreement will be terminated upon use of the former Pleasanton School as a school <br />site. <br /> <br />2. Pleasanton Upper Field Park <br />a. The City will maintain and manage the Park. <br /> <br />b. The City will pay utility costs for the Park. <br /> <br />c. The District will provide access to any meters, control valves, etc., needed to manage and <br />maintain the Park. <br /> <br />d. Village High School, Adult Education, and Pleasanton Virtual Academy students and <br />staff may use the field during the school day. Organized activities outside of school hours must <br />be formally requested through the City. <br /> <br />e. The City will cooperate with the District regarding the construction of the Educational <br />Option Center at the current Village High School site. Specifically related to access and <br />connection of the site school and the field. District staff will inform and coordinate the <br />improvement plans and construction timeline with City staff. <br /> <br />f. Once the agreement expires, the District will take sole ownership of all City installed <br />infrastructure. <br /> <br />3. Insurance. <br />a. Both Parties shall obtain and maintain Commercial General Liability insurance, or the <br />equivalent through a pooled liability program, with minimum limits as follows: <br /> <br /> Personal Injury Property Damage <br /> $1,000,000 each occurrence $1,000,000 each occurrence <br /> $2,000,000 aggregate $2,000,000 aggregate <br /> <br />b. City shall name District and its governing Board members, employees, and agents as <br />additional insureds for such policies. District shall name City and its officials, employees, agents <br />as additional insureds for such policies. <br /> <br />c. Each party shall provide the other Party with certificates of insurance within one (1) week <br />of full execution of this Agreement. <br /> <br />4. Indemnification. <br />a. City shall defend, indemnify, and hold harmless District and District's governing Board, <br />officers, employees, and agents, from and against any and all claims, actions, liability, damage, <br />Page 59 of 228