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GENERAL CONDITIONS: This agreement is hereby entered Into between Orange County School of the Arts (OCSA), a
<br />California Public School, and User whereas OCSA is authorized by Education Code, Section 82537 to allow use of Its facilities
<br />by the general public, and whereas User desires to so use these facilities; and in consideration of the promises made and
<br />intending to be legally bound, OCSA and User agree to the terms and conditions as set forth herein and on the back side of
<br />this agreement. OCSA assumes no liability or responsibility for any personal property of User or of Its employees, agents,
<br />representatives, guests, or invitees of User, brought on to the premise during the term of this agreement. User agrees that in
<br />the event this permit is canceled by User, or due to User's failure to meet agreement requirements, refunds will be at the
<br />discretion of OCSA. Changes In date or extension of time shall be made only as specified by the rules governing use of OCSA
<br />facilities.
<br />INSURANCE: If request Is approved, users shall secure and maintain comprehensive general liability insurance In the
<br />amount stated below with coverage for Incidental contracts and conditions including coverage for liability for bodily injury,
<br />property damage, personal injury, products, contractual liability, and completed operations. User agrees to name Orange
<br />County School of the Arts (OCSA) as additional insured under this policy on a form acceptable to OCSA. Coverage shall
<br />contain a waiver of subrogation in favor of OCSA. further, the Certificates of insurance evidencing the coverage's provided
<br />hereunder shall be delivered to OCSA prior to the commencement of Lessee being allowed on OCSA property. Such
<br />certificates shall provide that the insurance thereby evidenced will not be canceled until the expiration of at least thirty (30)
<br />days after written notice of cancellation has been given to OCSA. User shall also secure and maintain worker's compensation
<br />insurance covering all personnel employed on the premises during the term of the agreement whether said personnel is
<br />employed by the User or supplied by persons or entities other than OCSA. The User shall provide an endorsement stating
<br />User's policy is primary to any insurance policy which OCSA may obtain for its own benefit, which policy shall be deemed
<br />excess or secondary, and not contributing with insurance obtained by the User to fulfill the insurance requirements herein,
<br />regardless of any language contained in any or all policies at Issue. The User shall not perform any act or omission or permit
<br />or suffer the performance of any act or omission, which may reasonably result in either the cancellation, or Invalidation of
<br />any insurance policies maintained by Licensor or an Increase in the premiums Licensor is required to pay for such insurance
<br />policies.
<br />■ User at its own cost and expense shall provide and keep in full force and effect during the Use Date the
<br />following types of insurance policies through a program of self-insurance or from an insurance company with
<br />an AM Best rating of A-V17 or better, which is licensed and in good standing to do business in California,
<br />with limits not less than the amounts specified below:
<br />A. Automobile Liability (if applicable)
<br />User shall carry automobile liability Insurance including coverage for all: owned, hired, and non -owned automobiles. The
<br />limits of liability shall not be less than $1,000,000 combined single limit anyone accident for bodily Injury and property
<br />damage. User shall name OCSA as additional insured and provide a waiver of subrogation In favor of OCSA.
<br />B. Workers' Compensation Employer's Liability (if applicable)
<br />Workers Compensation shall be consistent with the statutory requirements of the state where the work Is to be performed.
<br />Employers Liability shall have limits not less than $1,000,000 each accident for bodily injury, $1,000,000 policy limit for
<br />bodily injury by disease and $1,000,000 each employee for bodily injury by disease. Coverage shall contain a
<br />waiver of subrogation in favor of OCSA.
<br />C. General Liability
<br />Comprehensive or Commercial General Liability insurance must be written on an occurrence basis covering all operations with
<br />respect to the work with minimum limits of liability of:
<br />Combined Single Limit Each Occurrence $1,000,000
<br />Combined Single Limit General Aggregate $2,000,000
<br />Combined Single Limit Products and Completed Operations Aggregate $1,000,000
<br />RELEASE: INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: User accepts premises and adjoining areas
<br />as is and releases, discharges, and shall indemnify, defend, and hold harmless OCSA, the Board of
<br />Trustees and each of their agents, employees, and representatives from any and all liability, claims,
<br />judgments, or demands, including reasonable attorneys fees and costs, which may arise from all injuries, deaths
<br />(users, agents, employees, representatives, guests, and invitees included) and damage to property arising directly or
<br />%MimedY out of this agreement including but not limited to user's use of the premises, the adjoining areas, including
<br />the parking lots, f ieluding 4 nit fret limited to eGS 's, er Beard of Twstees' own eetive-,egligenee ereels-ether W"M -
<br />fraad, willftltfRiseeHdSlEter vietatienofthe law.
<br />OCSA shall indemnify, defend and hold harmless City of Santa Ana, its City Council, officers, officials, employees, agents and
<br />volunteers from any and all liability, claims, judgment, or demands, including reasonable attorneys fees and costs, which may arise
<br />from all injuries, deaths and damage to property arising directly out of the negligence or willful misconduct of OCSA while
<br />performing under the scope of this agreement, including but not limited to OCSA-s maintenance of the premises, the adjoining
<br />areas, Including the parking lots.
<br />NON -ASSIGN ABILITY: This Agreement may not be assigned without prior written consent of OCSA, which consent
<br />may be withheld by OCSA In Its sole and absolute discretion.
<br />CHOICE OF LAW AND VENUE: This Agreement Is tgbQgQvpge by and Interpreted in accordance with the laws of the
<br />State of California. If any action is brought arising outt�r$$j�dd YYsXX�lgj$ement, and,
<br />but not limited to, any claim for
<br />breach of the same, interpretation of the same, cancellation or specific performance, said action shall be brought in the
<br />appropriate court in Orange County, California.
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