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<br />adjust any fees, upon 20 days prior written notice, as necessary to cover any <br />increased cost related to the use of the Facility. Any fee increase shall not be <br /> <br />greater than any increase that may be imposed upon any other agency authorized <br />to use the Facility. <br /> <br />7. <br /> <br />Santa Ana shall supply targets, eye and ear protection, and a weapon cleaning area <br />only to the SAUSDPD users of the Facility. <br /> <br />8. <br /> <br />Santa Ana shall submit a monthly invoice to the SAUSDPD and the SAUSDPD <br />agrees to make payment to Santa Ana on or before 30 days from the date of the <br /> <br />invoice. Delay of prompt payment may result in Facility use denial. <br /> <br />9. <br /> <br />Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever <br />to the SAUSDPD, its property, or to any of its officers, employees, agents, guests <br />or invitees, or any other person, caused by any use of the Facility, or by any <br /> <br />defect in any building, structure or any other improvement at the Facility or <br />arising from any accident on the premises. The SAUSDPD waives, all claims and <br />demands against Santa Ana for any such loss, damage, or injury. The SAUSDPD <br /> <br />hereby agrees to defend and indemnify, save and hold Santa Ana free and <br />harmless from any liability for any loss, damage or injury to the SAUSDPD <br />officers, employees, and agents, other persons or property, and from all costs, <br /> <br />expenses and other charges arising from the SAUSDPD use of the Facility in <br />connection with this Agreement, except the SAUSDPD shall not be required to <br /> <br />indemnify for any loss, damage, injury or claim arising from the willful acts or <br />negligence of Santa Ana, its officers, employees, or agents. <br /> <br />10. <br /> <br />The SAUSDPD agrees and represents that all of its officers, employees, agents, or <br />other personnel that may utilize the Facility are doing so within the course and <br />scope of their duties as an employee, officer, or agent of the SAUSDPD and are in <br /> <br />no way employees of Santa Ana. Should any officer, employee, agent or other <br />personnel of the SAUSDPD submit a claim for any injury or damages relating to <br />the use of the Facility, the SAUSDPD agrees to indemnify Santa Ana from any <br />and all such claims whether made by way of civil litigation, arbitration or by the <br /> <br />3 <br />