(a) Lessor. Lessor shall maintain commercial general liability insurance and all -risk insurance subject to
<br />standard policy exclusions and limitations through the Texas Association of Counties Risk Pool.. Such
<br />insurance may contain policy exclusions as reasonably determined by Lessor. The coverage amounts shall
<br />be as Lessor may deem reasonably appropriate. Lessor shall have no responsibility to maintain any kind of
<br />insurance on Lessee's contents. Lessor shall have no responsibility to maintain fire and extended coverage
<br />insurance on Lessee's contents.
<br />(b) Lessee. Lessee shall provide Lessee's own public liability insurance for its operations on the leased
<br />premises. In no event shall such coverage limits be less than three - hundred - thousand dollars in United
<br />States currency ($300,000 USD) per offense (aggregate). Lessee is required to maintain adequate fire and
<br />extended coverage insurance (including theft, vandalism and malicious mischief) on the contents in
<br />Lessee's office space, including fixtures, furniture, equipment, supplies, inventory, and other personal
<br />property. Such personal property is not covered by Lessor's insurance.
<br />(c) Insurance certificates. Lessee shall provide Lessor with a certificate of Lessee's insurance or a copy
<br />thereof as required above within seven (7) days after Lessee initially occupies Lessee's office space or any
<br />portion thereof.
<br />12.2 Hold Harmless and Indemnity.
<br />To the extent that it is not covered by Lessor's insurance, Lessee shall indemnify Lessor for and shall hold Lessor
<br />harmless from all fines, claims, liabilities, and suits (including costs and expenses of defending against same)
<br />resulting from any breach or nonperformance of the lease by Lessee or Lessee's agents, employees, family,
<br />licensees, or invitees. To the extent that it is not covered by Lessee's insurance, Lessor shall indemnify Lessee for
<br />and shall hold Lessee harmless from all fines, claims, liabilities, and suits (including costs and expenses of
<br />defending against same) resulting from any breach or nonperformance of the lease by Lessor or Lessor's agents,
<br />employees, family, licensees, or invitees. To the extent that it is covered by Lessor's insurance, Lessor and Lessee
<br />shall not be liable to the other or the other's agents, employees, or family for any damage to personal property
<br />resulting from any act, omission, or negligence of any other tenant, visitor, or occupant of the office building. This
<br />paragraph shall survive termination or expiration of this lease. The provisions of this paragraph 12.2 are limited as
<br />follows: All obligations of the Lessee, shall be enforceable against Lessee only to the extent permitted by law and
<br />with the limitation and understanding of Lessor that Lessee in no manner waives any limitations on liability or any
<br />immunity from suit or liability granted by applicable laws or the Texas Constitution.
<br />13.1 Alterations by Lessee.
<br />Lessee may not make any alterations, improvements, door lock changes, or other modifications of any kind to the
<br />leased premises without Lessor's written consent. Consent for governmentally required changes may not be
<br />unreasonably withheld. "Alterations" include but are not limited to improvements glued, screwed, nailed, or
<br />otherwise permanently attached to the building, structural changes, roof and wall penetrations, and all plumbing,
<br />electrical, and HVAC changes. Requests for Lessor's approval shall be in writing and shall be detailed to Lessor's
<br />reasonable satisfaction. The foregoing shall be done only by Lessor's contractors or employees or by third parties
<br />approved by Lessor in writing. Lessee shall pay in advance for any requested alterations, improvements, lock
<br />changes, or other modifications which are approved and performed by Lessor. If same are performed by Lessee
<br />with Lessor's permission, Lessee shall not allow any liens to be placed against the buildings as a result of such
<br />additions or alterations. Alterations, improvements, and modifications done at Lessee's request shall comply with all
<br />applicable laws. Changes in Lessee's alterations or improvements in Lessee's space which may be later required by
<br />governmental action shall also be paid for by Lessee.
<br />13.2 Americans With Disabilities Act.
<br />Lessor shall be responsible for any requirements under the Americans with Disabilities Act or similar state or local
<br />laws as they relate to any common area entrance and exit doorways and elevators and any doors into Lessee's office
<br />space and to structural building items that Lessor is required to maintain under the terms of this lease. Lessee agrees
<br />to cooperate fully with Lessor to enable Lessor to timely comply with the provisions of this paragraph and to
<br />immediately forward to Lessor any notice Lessee receives regarding complaints, injuries, or claims by anyone
<br />claiming that those items which are the responsibility of Lessor do not comply with the provisions of the Americans
<br />Building name: 401 C Broadway Street Lessor initials:
<br />Lessor's Name: Hays County, Texas Lessee initials:
<br />Lessee's Name: City of San Marcos. Texas, administering the
<br />Women. Infants. and Children ("WIC';) Proeram of San Marcos
<br />
|