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8. Cooperation of the Parties. The City and District shall cooperate and take all actions
<br />necessary to achieve the purposes of this Agreement. Each party shall designate a
<br />particular person to be responsible for the performance of that party's duties and
<br />responsibilities pursuant to this Agreement.
<br />9. Liability And Indemnification.
<br />A. The City shall be solely financially responsible for damages caused by or during
<br />City Use.
<br />B. The City shall indemnify, defend, and hold harmless District, its officers, agents,
<br />employees, representatives, and volunteers from damage to property and for
<br />injury to or death of any person and from all claims, demands, actions, liability, or
<br />damages of any kind or nature arising out of or in connection with City Use,
<br />activities or programs sponsored by City under this Agreement, third party
<br />activities programmed or sponsored by the City, and City programming outside of
<br />City Time, except to the extend those which arise out of a dangerous/defective
<br />condition of District property or due to the sole negligence of the District.
<br />C. The District shall indemnify, defend, and hold harmless the City, its officers,
<br />agents, employees, representatives, and volunteers from damage to property
<br />and for injury to or death of any person and from all claims, demands, actions,
<br />liability, or damages of any kind or nature arising out of its operation of the
<br />School, including use, operation, maintenance and repair of the Joint Use
<br />Facilities, except as provided in "B" above.
<br />10. Insurance. Both the City and the District shall maintain, for the period covered by this
<br />Agreement, at their own respective costs, their own respective policy or policies of
<br />general liability insurance and property insurance. Each party waives subrogation of its
<br />insurance coverage for the other entity. Self-insurance authorized by state law and/or
<br />maintained by the City or the District in the regular course of business for its other
<br />activities shall satisfy this requirement.
<br />11. Notices. All notices, statements, demands, requests, consents, approvals,
<br />authorizations, appointments, or designations hereunder by either party to the other
<br />shall be in writing and shall be deemed given and served upon the other party, if
<br />delivered personally or three (3) days after depositing in the United States mail, postage
<br />prepaid, addressed as follows.
<br />CITY: Attn.: Gerardo Mouet,
<br />Executive Director, Parks, Recreation & Community Services Agency
<br />20 Civic Center Plaza, M-75
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />SAUSD: Attn.: Joe Dixon
<br />Assistant Superintendent, Facilities & Governmental Relations
<br />Santa Ana Unified School District
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