SANTA ANA UNIFIED SCHOOL DISTRICT (14)

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• Facilities shall ensure reasonable access from the City's facilities in Centennial Park without access through the school campus. 12. RESERVED. 13. EQUIPMENT USE: Each entity is responsible for providing its own equipment, materials and supplies for its own programs. The parties may agree to share use of certain specific items, such as school classroom desks, tables, chairs, computers, chalkboards, etc. If equipment is damaged or destroyed during a specific program or event, the entity responsible for the program or event shall pay for the damage or destruction under the insurance deductible(s). The entity that insured the property will file claim(s) with its insurer(s) if the damage or loss is greater than the insurance deductible(s). 14. 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 High School, including use, operation, maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 15. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self- insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 16. APPLICABILITY OF CIVIC CENTER ACT The City acknowledges that with respect to those portions of the High School that are not subject to this Agreement, the District is required to and shall comply with the "Civic Center Act" as codified at Education Code sections 38130 through 38139. Nothing contained herein shall prevent the District from making said exclusively-controlled portions of the High School available to groups and individuals as authorized and/or directed by the Civic Center Act. 9