Res 2002-045 - Laserfiche WebLink

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1. Ensuring that no lien or similar obligation is imposed upon the Property for any alteration, repair, labor performed or materials furnished to the Property or Facility, and immediately discharging any lien or charge after the lien occurs or charges become due and payable. J. Securing the prior written consent of the City for any of the following: 1) any changes to the Facility; 2) installing any exterior lighting, shades or awnings, or any exterior decorations or paintings on the Facility; or 3) erecting, installing or changing any signs, window or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Facility. K. Promptly paying all charges for electricity, water, telephone service, and other utilities furnished to the Facility. L. Waiving any liability of the City for any interruption or impairment whatsoever in utility services to the Facility. M. Payment when due of due all taxes and assessments against any equipment, inventory and other personal property at or in the Facility, and payment when due of all sales, excise, income and other taxes levied upon its business operations at the Facility. N. Procuring and maintaining liability insurance in full force at its expense as set forth in the City Lease and in the Minimum Standards. This insurance shall be written so that the City must be notified in writing at least 30 days in advance of cancellation, restrictive amendment or non-renewal. EBS shall file certificates of insurance with the City upon execution of this Agreement and annually thereafter. All insurance required under this paragraph shall be primary over any other insurance coverage Hearn or the City may have, and shall be written with the City as an additional insured. In any event, EBS is fully responsible for all losses arising out of, resulting from or connected with all activity under this Agreement whether or not the losses are covered by insurance. The City's acceptance of insurance certificates that do not comply with these requirements will not release EBS from compliance with these provisions. O. Procuring and maintaining fire and property damage insurance for all contents, goods, stock, and any personal property which is or may be situated upon the Property or Facility. P. Holding harmless, indemnifying and defending the City and its officers, agents and employees from and against claims and suits. Q. Use, occupancy and storage of property on the Property at EBS's own risk, and holding harmless and releasing the City and its officers, agents and employees from all claims, suits and actions by EBS for loss of life, personal injury or property damage occurring at the Airport or on the Property, including those resulting from the sole negligence or other actionable conduct of the City or its officers, agents or employees, or from the acts or omissions of third parties. R. Eminent domain as to all or part of the Facility. S. Providing notice to the City of any damage caused to the Facility by fire or other casualty. T. Securing the advance written consent of Hearn and the City as to any sublease of its interest in the Facility. U. Events of default and remedies. V. Not engaging in unlawful discrimination In the conduct of business operations, use of the Facility, or employment activities. W. Furnishing services on a fair, equal and nondiscriminatory basis to all users, and charging fair, reasonable and nondiscriminatory prices for each unit or service. EBS may offer reasonable and nondiscriminatory discounts, rebates, or similar price reductions to volume purchasers. Section 12. City's Reserved Rights. A. The City reserves the right to operate the Airport in accordance with, and this Agreement is subordinate to, the City's obligations to the Federal and State governments under any of the C:\Corel\WPDOCS\REALPROP\EBS revised sublease.wpd 3