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III. MAINTENANCE:
<br />A. The City shall maintain the physical facilities and provide all chemicals
<br />necessary for safe and appropriate water quality. The City shall also maintain
<br />all filtering equipment.
<br />IV. SAFETY:
<br />A. The District shall provide certified and qualified lifeguard service when the
<br />pool is being used by District during swimming instruction and recreational
<br />swimming.
<br />B. The District will not allow swimmers to enter the pool area unless a certified
<br />Water Safety Instructor is present and available to supervise swimming
<br />sessions and instruction. Water safety instructors will be provided and paid for
<br />by the District.
<br />C. The District shall abide by all reasonable rules of safety, as established by the
<br />City, and will require that swim program participants obey all instructions and
<br />directions of the Water Safety Instructor, pool, and City employees.
<br />D. The District shall provide all the necessary pooUsports equipment to be
<br />utilized during the swim program. An inventory of all pool/sports equipment
<br />is attached as Exhibit A. The District will be responsible for all set up and
<br />break down of the equipment as necessary during the duration of the swim
<br />program.
<br />V. INDEMNIFICATION:
<br />A. The District shall defend, indemnify, and hold the City, its officials, officers,
<br />employees and agents free and harmless from any and all liability from loss,
<br />damage, or injury to property or persons, including wrongful death, in any
<br />manner arising out of or incident to any negligent acts, omissions or willful
<br />misconduct of the District arising out of or in connection with the District's use of
<br />the Pool Facility, including without limitation the payment of attorney's fees.
<br />Further, the District shall defend at its own expense, including attorneys' fees, the
<br />City, its officials, officers, employees, and agents in any legal action based upon
<br />such negligent acts, omissions or willful misconduct.
<br />B. The City shall defend, indemnify, and hold the District, its officials, officers,
<br />employees, agents, and guests free and harmless from any and all liability from
<br />loss, damage, or injury to property or persons, including wrongful death, in any
<br />manner arising out of or incident to any negligent acts, omissions or willful
<br />misconduct of the City, its officials, officers, employees and agents arising out of
<br />or in connection with the City's performance of this Agreement, including
<br />without limitation the payment of attorneys' fees. Further, the City shall defend at
<br />its own expense, including attorneys' fees, the District, its officials, officers,
<br />employees, agents and guests in any legal action based upon such negligent acts,
<br />omissions or willful misconduct.
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