25P - AGMT SAUSD LEASE - Laserfiche WebLink

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City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of SAUSD. In the event that SAUSD is named as a co-defendant, City shall notify SAUSD of such fact and shall represent SAUSD in such legal action unless SAUSD shall bear its own litigation costs, expenses and attorney's fees. b. SAUSD shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with SAUSD's performance of this Agreement or SAUSD's failure to comply with any of SAUSD's obligations contained in the Agreement by SAUSD, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event that City is named as a co-defendant, SAUSD shall notify City of such fact and shall represent City in such legal action unless City shall bear its own litigation costs, expenses and attorney's fees, 8. Use of Joint Use Facilities. a. District Priority. SAUSD shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities outside of Regular School Hours for both the regular school year and summer school. In the event that SAUSD desires to use or schedule use of the Joint Use Facilities outside of Regular School Hours, it agrees that it will reserve the Joint Use Facilities ahead of schedule. b. City Priority. City shall have the right at its discretion to schedule activities at the Joint Use Facilities, without prior consent of the SAUSD, provided (1) that the times are not in conflict with District Time. City regulations shall be in effect for the purposes of any public usage of the tennis facilities. c. Scheduling Conflicts. I the event that a scheduling conflict arises and the District requires the use of the facilities during City Time, SAUSD agrees that it will provide a reasonable relocation site for use by the City. d. Supervision. SAUSD will be responsible for managing the Joint Use Facilities during Regular School Hours and other District Times. Likewise, the City will be responsible for managing the Joint Use Facilities during City Time. The City shall provide a level of supervision and security commensurate with that provided at City - owned facilities at all times while using the Joint Use Facilities. e. Conflict Resolution. In the event of any conflict with respect to scheduling of the Joint Use Facilities, or any other implementing provisions in this Agreement, the TAC shall be consulted to resolve the dispute. 25P-6