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Part IV: Term
<br />1. The term of this MOU (the “Term”) will commence on the Effective Date noted above
<br />and will terminate on June 30, 2029.
<br />2. Upon expiration of the Term, as well as any annual term thereafter, the term of this MOU
<br />will automatically renew for an additional one (1) year period for up to five (5) years.
<br />Part V: Insurance
<br />1. During the term of this MOU, all Parties will maintain a policy of commercial general
<br />liability insurance, which will be maintained in a policy amount of not less
<br />than$1,000,000 combined single limit per occurrence and an aggregate amount of not
<br />less than $2,000,000 for bodily injury, personal injury and property damage liability. The
<br />Community Partner will name The City of Pleasanton, its officials, employees, agents,
<br />and volunteers as additionally insured.
<br />PART VI: Conditions and Terms of Amendment, Assignment and Termination
<br />AMENDMENT: Either party may request changes to this MOU. Any amendments to this MOU,
<br />which are mutually agreed upon by and among the Parties to this MOU, shall be incorporated in
<br />writing and effective when executed and signed by all Parties to this MOU.
<br />ASSIGNMENT: Neither party shall assign or transfer any rights or obligations under this MOU
<br />without the prior written consent of the other party.
<br />TERMINATION: Either Party may terminate this MOU upon thirty (30) days written notice, with
<br />or without cause. Upon termination of this MOU Community Partner shall be responsible for
<br />outstanding costs described in Part III that accrued prior to termination of the MOU.
<br />PART VII: Exculpation and Indemnity
<br />1. City will not be liable to Community Partner for any damage to Community Partner or
<br />Community Partner’s property from any cause, except such damage that may be caused
<br />by the intentional misconduct or gross negligence of City’s agents, contractors,
<br />employees or invitees. Except as specified in the preceding sentence, Community
<br />Partner waives all claims against City for damages to personal property arising for any
<br />reason.
<br />2. Community Partner will indemnify, defend with counsel acceptable to City, protect and
<br />hold City harmless from and against any and all claims, losses, damages, demands,
<br />liabilities, and expenses, including, without limitation, reasonable attorney fees, arising
<br />from Community Partner’s use of the RFSP, or from the conduct of Community Partner’s
<br />business, or from any activity, work or things done, permitted or suffered by Community
<br />Partner in, on or about the RFSP or elsewhere, and will further indemnify, defend,
<br />protect and hold harmless City from and against any and all claims, losses, damages,
<br />demands, liabilities and expenses, including, without limitation, reasonable attorney fees,
<br />arising from any breach or default in the performance of any obligation of Community
<br />Partner to be performed under the terms of this MOU, or arising from any negligence of
<br />Community Partner, or any of Community Partner’s agents, contractors, employees or
<br />Docusign Envelope ID: E390BADC-1E44-881F-8033-84699C40C47B
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