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and with such policy limitations and amount of coverage, as is necessary and sufficient to cover the <br />use of the CITY and SCHOOL DISTRICT facilities. The CITY shall name SCHOOL DISTRICT as <br />"additional insured" with respect to SCHOOL DISTRICT facilities used by the CITY. The <br />SCHOOL DISTRICT shall name CITY as "additional insured" with respect to CITY facilities used <br />by the SCHOOL DISTRICT. <br />3.2 A certificate of coverage showing each party as an "additional insured" shall be made <br />available to the other party upon request. <br />SECTION 4. INDEMNIFICATION. <br />4.1 Neither the CITY nor the SCHOOL DISTRICT agrees to indemnify or hold the other party <br />harmless from or against any and all losses, damages, settlements, costs, charges, or other expenses <br />or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, <br />obligations, actions, proceedings, or causes of action of every kind and character arising out of the acts, <br />omissions and/or negligence of the other or its employees, subcontractors, materialmen, agents or <br />others acting in concert therewith. However, in the event that insurance coverage is invoked, as <br />to either party as an "additional insured" or otherwise, the primary party to the insurance coverage <br />may provide for defense of the other. <br />ARTICLE 5. MISCELLANEOUS. <br />5.1 Nothing contained in this MOU shall be construed as creating any personal liability on the <br />part of any employee or official of the SCHOOL DISTRICT. <br />5.2 No assignment by a party hereto of any rights, obligations, or interests in this MOU shall <br />be permitted without the prior written consent of the other party. <br />5.3 If any provision of this MOU or the application thereof to any person <br />{26306101183828-2} <br />