|
damage, ordinary wear and tear, or other causes. Lessee agrees to maintain, at expense of
<br /> Lessee, all appliances, interior fixtures and light bulbs.
<br /> Lessee agrees to promptly notify City of any items which Lessee knows or reasonably
<br /> should know are in need of maintenance, repair, removal or replacement, or any other items or
<br /> conditions which Lessee knows or reasonably should know may constitute or create a dangerous
<br /> or hazardous condition. Absent City's negligence, City shall have no liability to Lessee, Lessee's
<br /> guests or invitees for any loss or damage caused by any failure to make any repairs or perform.
<br /> City agrees to maintain all utilities, including but not limited to HVAC and plumbing. Lessee
<br /> shall have no liability for damage to water and sewer lines,plumbing in public restrooms, and
<br /> HVAC system.
<br /> Upon termination of this Lease, Lessee shall surrender Premises in the same condition in
<br /> which it was received, absent normal wear and tear and improvements made.
<br /> 9. Insurance. Lessee agrees to purchase insurance coverage to protect the Premises
<br /> and personal property and belongings of Lessee, from damage by whatever source, including, but
<br /> not limited to, damage by theft, fire, casualty and water damage which may result from broken
<br /> water pipes, plumbing or damage from any means to Lessee's property. Lessee further agrees to
<br /> obtain liability insurance to protect Lessee from claims that may be brought against Lessee by
<br /> any persons or entities for any reason whatsoever. Lessee shall name City, its officers,
<br /> employees and agents as additional insured on the policies required by this Lease. City and
<br /> Lessee specifically agree and understand that no portion of the monies paid by Lessee to City is
<br /> in any way being utilized by City to purchase insurance protection in any form for Lessee and
<br /> that insurance coverage obtained or maintained by City is solely for the protection of City's
<br /> interest in the premises and solely for the benefit of City and not for the benefit of Lessee.
<br /> Lessee specifically understands and agrees that any failure of Lessee to obtain and maintain
<br /> insurance coverage for the benefit of Lessee will result in Lessee assuming the risk of incurring
<br /> loss as a result of the occurrence of damages or potential damages or claims.
<br /> 10. Indemnification. Lessee shall indemnify City from all claims, liens, claims of
<br /> lien, demands, charges, encumbrances, or litigation arising directly or indirectly out of or by
<br /> reason of any activity of Lessee, Lessee's agents or designees on Premises. City shall not be
<br /> liable for any loss, injury, death or damage to person or property which at any time may be
<br /> suffered or sustained by Lessee, Lessee's guests or invitees or by any person who may at any
<br /> time be using or occupying or visiting Premises or be in or about the same, whether such loss,
<br /> injury, death or damage shall be caused by or in any way result from or arise out of any act,
<br /> omission, or negligence of Lessee, Lessee's agent, or of any occupant, guest, licensee, invitee, or
<br /> other user of any portion of Premises or shall result from or be caused by any other matter or
<br /> thing, whether of the same kind or of a different kind than the matters or things above set forth,
<br /> unless caused by or resulting from or arising out of any acts, omission or negligence of City, or
<br /> City's agent. Lessee shall and hereby does indemnify and hold harmless City against all claims,
<br /> liability, loss or damage whatsoever on account of any such loss, injury, death or damage arising
<br /> from Lessee's negligence.
<br /> Page 3 of 6
<br />
|