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09-25-2023 Council Meeting Packet
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09-25-2023 Council Meeting Packet
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9/22/2023 11:10:06 AM
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9/22/2023 11:04:19 AM
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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2023
Council Meeting Type
Regular
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10 <br />from or arising out of the negligence or willful misconduct of Owner, except to the extent that <br />any such claim is caused by negligence or willful misconduct of Tenant. <br />b.Te nant shall maintain commercial general liability insurance with minimum limits <br />of $2,000,000 each occurrence and $4,000,000 aggregate. If such insurance contains a general <br />aggregate limit, it shall apply separately to this Agreement. The Tenant shall maintain business <br />automobile liability insurance or equivalent form with a limit of not less than $1,000,000 each <br />accident. Such insurance shall include coverage for owned, hired, and non-owned automobiles. <br />The Tenant must also maintain workers' compensation insurance with no less than the minimum <br />statutory limits and employer's liability insurance with limits as required by Applicable Law. The <br />Tenant must furnish Owner with properly executed certificates of insurance including Owner as <br />an additional insured, which will clearly evidence all insurance except workers’ compensation. <br />15.H azardous Substances . To the extent allowed by law, Owner will defend, hold <br />Tenant harmless and indemnify Tenant against and from any damage, loss, expenses or liability <br />resulting from the discovery by any person of hazardous substances generated, stored, disposed <br />of or transported to or over the Leased Property by Tenant, its agents, employees, or contractors, <br />as long as such substance was not stored, disposed of, or transported to or over the Leased <br />Property by Tenant, its agents, contractors, employees, or invitees. Tenant will be responsible for <br />any and all damages, losses, and expenses and will indemnify and defend Owner against and <br />from any discovery by any persons of such hazardous wastes generated, stored or disposed of as <br />a result of Tenant's Equipment during the term of this Agreement. <br />16.Release. Owner and Tenant, and all parties claiming under them, hereby mutually <br />release and discharge each other from all claims, liabilities and rights of action arising from or <br />caused by any hazard covered by property insurance required to be carried hereunder, or covered <br />by property insurance actually carried, regardless of the cause of the damage or loss but limited <br />to the extent payment is made by the insurer. This release will not apply if it would have the <br />effect, but only to the extent of such effect, of invalidating any insurance coverage of Owner or <br />Tenant. <br />17.Utilities . Tenant may have its own utility meter installed in a mutually agreed upon <br />location. If separate metering is not commercially reasonable, then Tenant may install a utility <br />sub meter on Owner’s main utility meter, which Owner shall read and bill to Tenant on a
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