|
The Nonprofit will arrange and pay for all utilities and services supplied to the Premises including,
<br /> but not limited to,monthly security, telephone service, electric, gas, and water services,cable and
<br /> internet costs, drainage fees, and solid waste pickup services.
<br /> SECTION 12. LIENS.
<br /> The Nonprofit shall not allow any liens to attach to the Premises for any services, labor or
<br /> materials furnished to the Premises or otherwise arising from the Nonprofit's use of the Premises.
<br /> The City shall have the right to discharge any liens placed on the Premises at the Nonprofit's
<br /> expense.
<br /> SECTION 13. RELEASE AND INDEMNITY,
<br /> A. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS
<br /> AGREEMENT, THE NONPROFIT, TO THE EXTENT IT MAY LAWFULLY DO SO,
<br /> WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST THE CITY, FOR,AND
<br /> AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
<br /> AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES
<br /> ("INDEMNIFIED PARTIES") FROM AND AGAINST, ANY LOSS, DAMAGE
<br /> (INCLUDING, WITHOUT LIMITATION, PUNITIVE OR CONSEQUENTIAL
<br /> DAMAGES), INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE
<br /> (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS),
<br /> FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON
<br /> (INCLUDING, WITHOUT LIMITATION, THE CITY, THE NONPROFIT, OR ANY
<br /> EMPLOYEE OF THE CITY OR THE NONPROFIT) (I) FOR PERSONAL INJURY OR
<br /> PROPERTY DAMAGE CAUSED TO ANY PERSON WHILE ON OR ABOUT THE
<br /> PREMISES,OR(II) ARISING FROM OR RELATED TO ANY USE OF THE PREMISES
<br /> BY NONPROFIT OR ANY INVITEE OR LICENSEE OF NONPROFIT, ANY ACT OR
<br /> OMISSION OF NONPROFIT, ITS OFFICERS, AGENTS, EMPLOYEES, LICENSEES
<br /> OR INVITEES OR ANY BREACH OF THIS AGREEMENT BY NONPROFIT.
<br /> B. THE FOREGOING RELEASE AND INDEMNITY SHALL APPLY
<br /> REGARDLESS OF ANY NEGLIGENCE, MISCONDUCT OR STRICT LIABILITY OF
<br /> ANY INDEMNIFIED PARTY, EXCEPT THAT THE INDEMNITY, ONLY, SHALL NOT
<br /> APPLY TO ANY LOSS DETERMINED BY FINAL ORDER OF A COURT OF
<br /> COMPETENT JURISDICTION TO HAVE BEEN CAUSED BY THE SOLE ACTIVE
<br /> DIRECT NEGLIGENCE OF ANY INDEMNIFIED PARTY.
<br /> C. WHERE APPLICABLE TO THE LOSS, THE LIABILITY PROVISIONS
<br /> OF ANY CONTRACT BETWEEN THE CITY AND THE NONPROFIT COVERING THE
<br /> CARRIAGE OF SHIPMENTS OR TRACKAGE SERVING THE PREMISES SHALL
<br /> GOVERN THE LOSS AND SHALL SUPERSEDE THE PROVISIONS OF THIS SECTION
<br /> 13.
<br /> D. NO PROVISION OF THIS AGREEMENT WITH RESPECT TO
<br />
|