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E. City shall have the right to charge fees and receive revenues derived from the <br />City's use of the school gymnasium. The City shall have the right to designate the amount of <br />fees and charges it may impose on activity participants or users when practicing exclusive use of <br />the school gymnasium. <br />F. The City shall pay all claims or damage to property resulting from grossly <br />negligent or grossly inadequate supervision of any activities conducted by City at the school <br />gymnasium during hours City has exclusive use, or by reason of failure to properly maintain the <br />school gymnasium in a safe condition during City's exclusive use. <br />G. District shall pay all claims or damage to property resulting from the negligent or <br />inadequate supervision of all activities conducted by District at the school gymnasium. <br />H. District shall inspect the school gymnasium regularly and make repairs as needed. <br />I. City shall be provided a key or keys and all alarm codes for access to all exterior <br />gates leading to and into the school gymnasium. It is the responsibility of the City to secure the <br />building and set the alarm after each City use. Failure to do so shall result in the City <br />compensating the District for security call outs. A minimum call out shall be two hours. <br />4. SPECIAL PROVISIONS <br />A. Indemnification. City shall defend, save and hold District harmless from any <br />and all claims or causes of action for death or injury to persons, or damage to property resulting <br />from the grossly negligent or inadequate supervision of any activities conducted by City during <br />City's exclusive use of the school gymnasium, or by reason of failure to maintain the school <br />gymnasium in a safe condition during City's exclusive use. <br />District shall defend, save and hold City harmless from any and all claims or cause of <br />action for death or injury to persons, or damage to property resulting from the grossly negligent <br />or inadequate supervision of any activities conducted by District and/or School at the school <br />gymnasium or by reason of failure to maintain the school gymnasium in a safe condition. <br />B. Resolution of Disputes. Any dispute arising as to the use, operation, or <br />maintenance of the school gymnasium shall be resolved by the City Manager and Superintendent <br />of District. In the event that the City Manager and the Superintendent are unsuccessful in <br />resolving any dispute, the parties agree to submit the dispute first to mediation and, failing that, <br />to binding arbitration. <br />C. Review. City and District will review the use of the school gymnasium <br />annually on or about the anniversary date of this Agreement to determine if mutually acceptable <br />revisions should be made in (a) use schedules, (b) payment for utilities, or (c) responsibility for <br />upkeep and maintenance. <br />D. Entire Agreement and Amendment. This Agreement supersedes all oral or <br />written agreements concerning the subject matter herein, represents the entire agreement between <br />the Parties and may not be amended without a writing signed by the Parties. An assignment of <br />this Agreement by either Party shall automatically begin termination procedures pursuant to <br />Section 6.B. <br />3 <br />