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DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br />the responsibility of the District. The District further agrees that it will perform all deferred <br />maintenance, including, but not limited to, resurfacing of the Tennis Courts. <br />13. Utilities. <br />(a) Landlord shall pay for all electricity and water services furnished to the Premises for <br />the use, operation and maintenance of Tenant's premises during the Term of this Agreement, or <br />any extension thereof, and for the removal of trash from the Premises during the Term of this <br />Agreement, or any extension thereof. <br />(b) Tenant shall have the right to improve the present electrical and telecommunication <br />cabling and outlets and any other such infrastructure that would reasonably be associated with <br />Tenant's intended use of the Premises, all at Tenant's sole cost and expense. <br />14. Indemnity. <br />(a) District shall defend, indemnify and save and hold harmless City, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, expenses, <br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with District's performance of this Agreement or District's failure to comply with <br />any of District's obligations contained in the Agreement caused by District, its officers, agents or <br />employees except such loss or damage which was caused by the sole negligence or willful <br />misconduct of City. In the event City is named as codefendant, District shall notify City of such <br />fact and shall represent City in such legal action unless City undertakes to represent itself as <br />codefendant in such legal action, in which case City shall bear its own litigation costs, expenses <br />and attorney's fees. <br />(b) City shall defend, indemnify and save and hold harmless District, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, expenses, <br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with City's performance of this Agreement or City's failure to comply with any of <br />City's obligations contained in the Agreement caused by City, its officers, agents or employees <br />except such loss or damage which was caused by the sole negligence or willful misconduct of <br />District. In the event District is named as codefendant, City shall notify District of such fact and <br />shall represent District in such legal action unless District undertakes to represent itself as <br />codefendant in such legal action, in which event District shall bear its own litigation costs, <br />expenses and attorney's fees. <br />15. Insurance. Both the City and the District shall maintain, for the period covered by <br />this Agreement, at their own respective costs, their own respective policy or policies of general <br />liability insurance and property insurance. Each party waives subrogation of its insurance <br />coverage for the other entity. Self-insurance authorized by state law and/or maintained by the <br />City or the District in the regular course of business for its other activities shall satisfy this <br />requirement. <br />Page 4 of 7 <br />11 /4/2008 <br />25R-6 <br />