SANTA ANA UNIFIED SCHOOL DISTRICT (3)

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F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the parties, the Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. G. Insurance. The City will be responsible for ensuring that the athletic field permit holder has proper insurance. H. Supervision of Joint Use Facilities. The City will be responsible for managing the athletic field usage when using the Joint Use Facilities during City Time through use of City field monitors and City Park Rangers. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities (and for reasonable periods of time immediately prior to and following such use). I. Maintenance. Normal maintenance of the Joint Use Facilities will continue to be the responsibility of the District. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof. K. Further Funding Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the athletic fields, basketball courts, tennis courts and other common areas at the Willard Intermediate School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas. 4. LIABILITY AND INDEMNIFICATION. A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnify, defend, and hold harmless District, 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 City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except those which arise out of a dangerous/defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the 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 its operation of the School, including use, operation, Page 3 of 6 Willard jt use 091908