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3 <br /> <br />B. In the event of termination or cancellation of this Agreement by CITY, USER <br />agrees to cease use of the Range upon receipt of such notice. <br /> <br />6. Notices. Any notices, bills, invoices, or other communications provided pursuant <br />to this Agreement shall be deemed received on (a) the day of delivery if delivered <br />by hand during the receiving Party’s regular business hours; or (b) on the second <br />business day following deposit in the United States Postal Service mail, registered <br />or certified, postage prepaid and addressed as follows, or to such other addresses <br />as the Parties may, from time to time, designate in writing pursuant to this Section: <br /> <br /> If to CITY: Fairfield Police Department <br /> Attn: Lieutenant Tony DeTomasi <br /> 1000 Webster Street <br /> Fairfield, CA 94533 <br /> <br /> With a copy to: Fairfield Police Department <br /> Attn: Chief Dan Marshall <br /> 1000 Webster Street <br /> Fairfield, CA 94533 <br /> <br /> If to USER: Pleasanton Police Department <br /> Attn: Heather DeQuincy <br /> P.O. Box 909 <br /> Pleasanton, CA 94566 <br /> <br /> <br />7. Indemnification. USER shall indemnify, defend, and hold harmless CITY, its <br />officers, agents, and employees against any and all claims, causes of action, <br />damages, suits, judgments, liabilities or financial losses (including, without <br />limitation, attorney's fees and costs), including death or injury to any person or <br />damage to or destruction of any property, arising out of or occurring in connection <br />with any act or omission of USER, its officers, agents, employees, or <br />representatives during performance of this Agreement or use of the Range, except <br />as arising from the sole and active negligence or willful misconduct of CITY. USER <br />shall defend CITY, with counsel of CITY’s choosing, at USER’s own cost and <br />expense, and shall satisfy any judgment, award, or decree that may be rendered <br />against CITY. USER shall reimburse CITY for any and all legal expenses and costs <br />incurred by CITY in connection therewith or in enforcing the indemnity herein. <br />USER’s obligation to indemnify shall not be restricted to insurance proceeds, if <br />any, received by USER or CITY. This Section shall survive expiration or <br />termination of this Agreement. <br /> <br />8. Assumption of Risk and Waiver. USER may make an appointment with the CITY <br />to inspect the Range prior to use. USER acknowledges that its use of the Range <br />may involve risk of serious injury or death. USER recognizes and accepts that the <br />Range may not be suited for firearms training or qualification of any kind and <br />Docusign Envelope ID: 32694483-79EF-8BD7-81BD-796CE759ECA5