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89-0502_CAPISTRANO UNIFIED SCHOOL DISTRICT_Indemnification AgreementORIGINAL INDEMNIFICATION AGREEMENT RESTROOM BUILDING AT MARCO FORSTER JUNIOR HIGH SCHOOL PLAVFIELD When signed by each of us, Capistrano Unified School District (Hereinafter referred to as the District) and the City of San Juan Capistrano (Hereinafter referred to as the City), this letter shall constitute an agreement between us concerning the use of your restroom building at Marco Forster Junior High School. As previously agreed: -The city will entirely maintain the restroom building. -The City will supply and pay for electricity for the building. -The District will have use of the building for students for special functions. It is also agreed that: The City shall defend, indemnify and hold the District, its Governing Board, its officers, employees and agents harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury 'or damages arising out of the performance of the Agreement and/or resulting from or - arising in any way out of any use, whether authorized or not, of the restroom building. The District shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from. the negligent or intentional acts or omissions of Capistrano. Unified School District, its Governing Board, its officers, agents, or employees. Please sign below and return the original to William F. Dawson, Assistant Superintendent, Facilities d Services, Capistrano Unified School District. capistrano Unified 5choolu1strict Authorized Signature Dated: May 2, 1989 Signature