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DO NOT RECORD
<br />12. Maintenance and Repair. During Regular School Hours for both the regular school
<br />year and any summer school, the Tenant shall, at its sole cost and expense, maintain and repair
<br />the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as
<br />janitorial services and any necessary special intensive cleaning. If Tenant causes any damage to
<br />the Premises, to the Premises or to access roadways or other nearby facilities, it shall properly
<br />repair same as specified by Landlord. All court, landscape, irrigation and structural repairs are
<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
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<br />8/26/2011
<br />25C-5
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