Res 2003-032 - Laserfiche WebLink

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policies shall provide that any proceeds for loss or damage to buildings or to improvements shall be payable solely to the City, which sum the City shall use for repair and restoration purposes. (1) From and After the Commencement Date The Company, at its own expense, shall provide and maintain in force during the term of this lease comprehensive general public liability insurance. Such liability insurance shall (i) have with respect to bodily injury and death, limits of not less than $500,000.00 per person, and $1,000,000.00 per occurrence and with respect to property damage limits of not less than $100,000.00; (Ii) include as insureds the City and such other persons who have an insurable interest for personal injury arising as a result of the Company's occupation or the City's ownership of the leased premises. This insurance is to be carried by one or more insurance companies authorized to transact business in the State of Texas and approved by the City. (2) Certificates The Company shall furnish the City with certificates of all insurance required by this Section. If the Company does not provide such certificate within thirty (30) days of obtaining possession, or if the Company allows any insurance required under this Section to lapse, the City may, at its option, take out and pay the premiums on the necessary insurance to comply with the Company's obligations under the provisions of this Article. The City is entitled to reimbursement from the Company for all amounts spent by it to procure and maintain such insurance, with interest at the highest legal rate from the date of receipt of the City's notice of payment until reimbursement by the Company. (3) Rights of Subrogation All insurance carried by either the City or the Company shall provide for a waiver of rights of subrogation against the City and the Company on the part of the insurance carrier, to the extent that the same is permitted under the laws and regulations governing the writing of insurance within the State of Texas. All insurance policies obtained by the Company shall be written as primary policies (primary over any insurance carried by the City) not contributive with and not in excess of coverage which the City may carry, if any. (4) Hold Harmless Clause The Company agrees to indemnify and hold the City harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorney's fees for the defense of such claims and demands, arising from the conduct or management of the Company's business on the leased premises, or from its use of the leased premises, or from any breach on the part of the Company of any conditions of this lease, or from any act of negligence of the Company or its agents, employees, or servant$, in or about the leased premises, provided that (I) the Company is relieved of its obligations to the extent of the amount actually recovered from the insurance carrier of either the City or the Company, (Ii) the Company can reasonably obtain a contractual liability endorsement to its liability policy, and (Iii) the City promptly notifies the Company of any claim such that the Company may undertake to defend with counsel of its own choosing. G. General Waiver by the Company. The Company hereby waives and releases the City from all claims for loss or damage caused by any act or omission of the City, its employees, or agents, except for willful misconduct and except as otherwise provided by the Texas Uniform Commercial Code. H. Violation of Law. The Company shall not use the improvements under the agreement between the Company and the City in violation of any Federal, State or local laws, regulations or ordinances. In addition, the Company shall not use, or permit the use of the premises in any manner that results in waste of the premises or constitutes a nuisance, or violates any statute, ordinance, rule, or regulation applicable to the premises and shall not in any manner utilize the leased premises for any illegal purposes. I. Definition of Terms. Unless the context otherwise indicates, all terms used herein which are defined in the Texas Uniform Commercial Code shall have the meaning herein stated. 10 Initial as to approval: Company _ City_