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7 USE OF THE IMPROVEMENT. The improvement shall become property of <br />CVUSD upon completion. As per the CRPD USE AGREEMENT WITH CVUSD, <br />CVUSD will permit the improvement to CRPD and CRPD shall sub permit the <br />improvement to CVUSC and other groups. CVUSC will be the primary sub <br />permittee; CVUSC will have first priority over other soccer/futsal organizations (not <br />including CRPD programs and activities such as maintenance. CRPD will provide <br />its best effort to accommodate CVUSC requests for use of the improvement. <br />8. FEES. During the term of this Agreement, CVUSC shall pay user fees in <br />accordance with CRPD ordinance manual, policies and fee schedule for use of the <br />futsal courts. The user fees shall be calculated to defray CRPD's ongoing costs for <br />maintenance and other costs related to the futsal courts. Additionally, CVUSC shall <br />pay CRPD 100% of the full rate for the electricity used for the use of the <br />improvement. <br />CVUSC will comply with the rules and regulations established by CRPD for all <br />users of the futsal courts as set forth from time to time, except to the extent that <br />such rules or regulations are inconsistent with the terms and conditions of this <br />Agreement. Fees charged to CVUSC will be no greater than the most favorable <br />fee charged to other similar user groups for use of the futsal courts. <br />9. TERM. The term of this Agreement shall include two phases. Phase 1 shall be the <br />CVUSC's construction of the improvements and shall take effect immediately upon <br />the execution of this Agreement and end with the completion of the improvements. <br />Phase 2 shall be the priority sub permitting and conditional use of the <br />improvements commencing upon the completion of the improvements and <br />continuing for ten (10) years. CRPD shall provide CVUSC written notice of the <br />commencement of Phase 2. <br />10. OPTION. At CVUSC and CRPD's mutual option, this Agreement may renew for up <br />to two five (5) year terms. Such options shall be executed in writing no later than <br />90 days prior to the expiration of the term. All other terms and conditions of this <br />Agreement shall remain unchanged during the term of said option tenancy, except <br />as mutually revised by CVUSC and CRPD. <br />11 HOLD HARMLESS. During Phase 1 of the term of this Agreement, CVUSC will <br />hold CRPD, and its agents, harmless and free from any and all liability arising out <br />of this Agreement, or its performance, including any such liability caused, in part, <br />by the passive negligent act of omission of CRPD, or its agents. Should CRPD, or <br />its agents, be named in any suit, or should any claim be against it, or any of its <br />agents, by suit or otherwise, whether the same be groundless or not, arising out of <br />this Agreement, or its performance, pursuant to this Agreement, CVUSC will <br />defend CRPD (with counsel satisfactory to CRPD), and its agents, and will <br />indemnify them for any judgment rendered against them or any sums paid out in <br />settlement or otherwise. <br />