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in compliance with written plans and specifications approved by the City and guaranteed by <br /> appropriate performance and payment bonds. <br /> Section 3. Access to Parcels. Upon execution hereof, each party shall have reasonable access <br /> to the School Site Parcel and the Exchange Parcel for the purpose of conducting inspections, tests <br /> and surveys. Prior to the date of conveyance of the School Site Parcel, the District will not have the <br /> right to interfere with the public use of any sports field for such purposes and shall not excavate any <br /> part of the School Site Parcel for testing or construction purposes without first obtaining a written <br /> permit of entry from City specifically authorizing such activities. Prior to the date of conveyance, <br /> the District shall not allow any of its employees or agents to transport or place any hazardous <br /> substance over, on, in or adjacent to the School Site Parcel or the Exchange Parcel, and shall <br /> immediately advise the City of any occurrence in violation of this prohibition. <br /> Section 4. Indemnification. Each party agrees to defend, indemnify and hold harmless the <br /> other and its employees, agents and insurers from any and all claims, demands, damages, losses, <br /> liabilities, lawsuits and expenses, including attorney fees, resulting from the negligent or wrongful <br /> acts or omissions of the indemnifying party's employees or agents and arising out of our pursuant <br /> to this Agreement. <br /> Section 5. Notices. Any notice required or permitted to be given hereunder, or by law, shall be <br /> in writing and may be given by personal delivery or by deposit in the United States mails, with <br /> postage prepaid, directed to the parties at the following addresses, or such other address as any party <br /> may designate in writing prior to the date of giving of such notice. <br /> (a) City Johnny Medlin, Manger, <br /> Parks and Open Space Division <br /> 1820 Roosevelt Blvd. <br /> Eugene, Oregon 97402 <br /> (b) District Bill Hirsh, Facilities Director <br /> 715 West 4 Avenue <br /> Eugene, Oregon 97402 <br /> Notice shall be effective when actually received, provided that it shall be conclusively presumed <br /> between the parties that any notice given by certified mail is received 48 hours following the deposit <br /> in the United States mails. <br /> Section 6. Expiration of Agreement. This Agreement shall expire upon the earlier to occur <br /> of ninety (90) days after the execution of this Agreement if the conveyance of the parcels has not <br /> been completed or upon satisfactory completion of the District's replacement of ball fields on the <br /> Exchange Site as required by Subsection 2(0. <br /> Section 7. Integration; Survival; Assignment. <br /> IGA - Patterson School Land Exchange Page 4 <br />