Santa Ana Unified School District (20)

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LIABILITY AND INDEMNIFICATION A. SAUSD shall indemnify, defend, and hold harmless CITY, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by SAUSD at the Swim Facility. B. SAUSD shall be financially responsible for any damages caused by SAUSD use of the Swim Facility. 8. INSURANCE SAUSD shall maintain, for the period covered by this Agreement, Commercial General Liability Insurance. SAUSD shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of SAUSD's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. SAUSD shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. LOSS OF USE OF PROPERTY When a loss of the use of the Swim Facility is the result of program activities, the entity that operated and/or arranged the activity that caused the damage shall repair the Swim Facility at its own expense and cost as expeditiously as possible. 10. ASSIGNMENT AND SUBLEASE SAUSD may not assign or sublease its rights or obligations under this Agreement. 11. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 (M-23) Santa Ana, CA 92702 Facsimile (714) 571-4221 Attn: Executive Director of Parks, Recreation and Community Services