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4. COMPLIANCE WITH RULES AND REGULATIONS
<br />District shall use and occupy the Facilities in a safe and careful manner and shall
<br />comply with all applicable local, state, and federal laws in its use of and activities in the
<br />Facilities, including as to the conduct of its employees, agents, clients, customers, guests,
<br />and others using the Facilities by reason of this Agreement. District shall also comply
<br />with all rules and regulations of City in effect during its use of the Facilities. Failure to
<br />abide by such laws, rules, or regulations, or any condition of this Agreement, may result
<br />in the immediate termination of this Agreement in the sole discretion of the City.
<br />5. BACKGROUND CHECKS
<br />District shall ensure that all employees, subcontractors, and any volunteers are
<br />fingerprinted and background checked prior to conducting any work pursuant to this
<br />Agreement.. District shall not assign any employee, agent, subcontractor, volunteer or the
<br />District personally to provide services pursuant to this Agreement, if that employee,
<br />agent, subcontractor, volunteer, or the District personally are required to register as a sex
<br />offender under California Penal Code Section 290 et seq, have a conviction for any crime
<br />of moral turpitude, have a conviction for a sexual based crime, have a conviction for a
<br />violent felony as defined in California Penal Code Section 667.5(c), or has a conviction
<br />for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying
<br />convictions include but are not limited to, violations of California Penal Code Sections
<br />37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211,
<br />212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5,
<br />262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288,
<br />288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10,
<br />311.11, 314, 347(a), 368, 417(b), 45l(a),518 with 186.22, 647.6, 653f(c), 664 and 187,
<br />667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and
<br />Professions Code Section 729.'
<br />6. INDEMNIFICATION
<br />District agrees to and shall indemnify, protect, defend, and hold harmless City, its
<br />officers, agents, employees, consultants, special counsel, and representatives from and
<br />against any and all claims, damages, judgments, attorney's fees, costs and expenses
<br />arising out of, involving, or in connection with the use of the Facilities or the acts or
<br />omissions of District, its officers, agents, employees, volunteers, guests, or invitees,
<br />whether or not such acts or omissions constitute permitted uses of the Facilities.
<br />INSURANCE
<br />Without limiting District's indemnification obligations, District agrees to obtain
<br />and maintain during the term of the Agreement, and to require its subcontractors, if any,
<br />to obtain and maintain, insurance as described below:
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