RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (24)

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that, the Facilities would otherwise be open and operating during the times that classes will be provided, the City is not requiring RSCCD to pay a facility use fee. 4. Class Scheduling. RSCCD and City, through its Executive Director of Parks, Recreation and Community Services Agency or the Director's designee, shall mutually agree in writing which classrooms and/or computer labs will be utilized for classes at the Facilities and on what dates and times. The Parties will meet and determine the class schedule (class locations, dates and times) a reasonable amount of time before the classes begin. City reserves the right to change the location of any scheduled class as needed due to City programming or unforeseen matters that may arise, including but not limited to, maintenance issues. 5. Operational Rules and Regulations. RSCCD shall comply with all operational rules and regulations promulgated by the Executive Director of Parks, Recreation and Community Services, City Manager or City Council regarding the operation of City's Corbin Center, Southwest Senior Center, and Santa Ana Senior Center including but not limited to hours of operation. 6. Maintenance. RSCCD shall at all times maintain Facilities in good condition and repair, and in a clean and safe condition reasonably satisfactory to the City Manager. Damage to Facilities. RSCCD shall be liable for any damages to the Facilities caused by any act of negligence of RSCCD, its partners, agents, servants, contractors, representatives, guests, employees, invites or customers. City may at its option, repair such damage, and RSCCD agrees to reimburse City for the total cost of repair. Compliance with Laws and Licensing. RSCCD shall comply with all applicable federal, state and local laws. RSCCD shall at all times during the term of this Agreement have and maintain in force any and all licenses, permits or approvals required by law for the conduct of RSCCD's activities under this Agreement. 9. Indemnification. RSCCD shall defend, indemnify, and hold harmless the City and its officers, officials, employees, and volunteers from and against any claims, liabilities, damages, losses, costs, expenses incurred or suffered by City on account of any personal injuries or property damage caused by the use of Facilities pursuant to this Agreement or any activity or negligent omission of RSCCD or its employees, agents, volunteers or contractors. In the event that City is named as a codefendant, RSCCD shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself in such legal action. RSCCD further agrees to indemnify, hold harmless, and pay all costs of defense of the City, including fees and cost for special counsel to be Facilities Use Agreement With Rancho Santiago Community College District for Corbin Center, Southwest Senior Center and Santa Ana Senior Center 2