Resolution 3399 - Laserfiche WebLink

DRS462 with all applicable laws, rules, regulations, ordinances and covenants applicable to the Leased Premises. ARTICLE VIII: INDEMNIFICATION AND PUBLIC LIABILITY INSURANCE 8. 1 Indemnification by City. To the fullest extent permitted by law and from and after completion of construction of the Improvements and final acceptance thereof by the City, City covenants to and does hereby indemnify, defend and hold harmless Lessor from and against all claims and all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with all claims, including any action or proceedings brought thereon, arising from or as a result of the death of or any accident, injury, loss or damage whatsoever caused to any natural person, or to the property of any person, as shall occur in or about the Leased Premises to the extent, and only to the extent of any insurance proceeds available therefor; provided, however, that Lessor shall not be entitled to such indemnification for damage caused to Lessor or any third person or entity by reason of the negligence or intentional acts or omissions of Lessor or Lessor's concurrent negligence. Lessor shall give City prompt notice of any suit or proceeding entitling the Lessor to indemnification pursuant to this Section 8. 1 and City shall thereafter defend Lessor in said suit or proceeding at its sole cost and expense. 8 . 2 City's Liability Insurance. From and after the Payment Obligation Commencement Date, City shall maintain, or cause to be maintained, in full force and effect, comprehensive public general liability insurance covering the Leased Premises in such amounts as may be established by the City Council from time to time. City may provide all or a portion of any insurance by self insurance. Such insurance shall be applied toward extinguishment or satisfaction of City's liability under Section 8. 1 of this Lease. Such insurance may be carried under a blanket policy with umbrella coverage. It is understood that this insurance covers any and all liability of the City and its commissioners, officers, employees and agents, and the procurement thereof does not constitute a waiver of the defense of governmental immunity. Such insurance (i) shall include coverage for any accident resulting in personal injury to or death of any person and consequential .damages arising therefrom; (ii) shall include comprehensive property damage insurance; (iii) shall be issued by a financially responsible insurance company or companies; (iv) shall name Lessor as an additional insured thereunder; (v) shall provide that the same may not be cancelled without at least thirty (30) days prior written notice being given by the insurer to Lessor; and (vi) shall include contractual liability coverage. City shall furnish to Lessor on or before the effective date of such insurance, certificates of insurance evidencing that the same shall be in full force and B-10