SANTA ANA UNIFIED SCHOOL DISTRICT & NEAL MACHANDER TENNIS CENTER

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b. "District Time" shall mean the time during Regular School Hours, when the SAUSD shall have the right to schedule use of the Joint Use Facilities for the SAUSD and others, including OCHSA. c. "Joint Use Facility" shall mean the tennis courts currently on the Joint Use Property including but not limited to the public restrooms and parking lot. A graphical depiction of the Joint Use Facilities is attached hereto as Exhibit 2. The Joint Use Facilities specifically excludes that portion of the Joint Use Property identified as the Reservoir Service Area in Exhibit 2. d. "Joint Use Property" shall mean that certain real property and improvements described in Exhibit 2 also called "Premises 2" for purposes of this Agreement. e. "Regular School Hours" shall mean 6:00 a.m. through 6:00 p.m. Monday through Friday (excluding state and national holidays observed by SAUSD) unless changed by agreement of the parties. L "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of SAUSD pursuant to the Joint Use Agreement between the parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee ("TAC") shall be responsible for resolving conflicts in scheduling of the Joint Use Property or other implementing provisions of this Agreement at the Waterworks Parksite. 4. Consideration. No money exchange is required. The Consideration for this Agreement is execution of the mutual leases for Angels Park and the Neal Machander Tennis Center. Said leases are contingent on the other lease being in effect. If either lease is terminated, for any reason, both leases shall be deemed terminated. 5. Non -Recording. Neither party shall record this Agreement. 6. Authority to Seek Grant Funding. The parties agree that City as to Premises 1 and SAUSD as to Premises 2 will have the right to seek grant funding for future projects and rely upon its use and lease of its respective leased property as a basis for applying for grant funding. 7. Indemnity. a. City shall protect, defend, indemnify and save and hold harmless SAUSD, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with City's performance of this Agreement or City's failure to comply with any of City's obligations contained in the Agreement by