Agenda - Council - 03/26/2013 - Laserfiche WebLink

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12. SERVICES AND UTILITIES: None supplied by the Landlord. Any public or private utilities required by Tenant shall be provided at Tenant's sole expense. 13. WAIVER AND INDEMNITY: 13.1 Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective offices and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance, even if such loss or damage shall have been caused by the fault of negligence of the other party. 13.2 Tenant agrees to indemnify, defend and hold Landlord and its officers and employees and property managers harmless from and against any claim, loss or expense arising out of injury, death or property loss or damage occurring in the Premises, except to the extent caused by the negligent act or intentional misconduct of Landlord or its officers, employees or property manager. 13.3 In addition, Tenant agrees to indemnify defend and hold Landlord harmless from and against all liabilities, damages fees penalties or losses arising out of any demand claim or suit by any governmental agency or private third party pertaining to reporting or clean-up of any hazardous substance, hazardous waste, petroleum product or other pollutant contaminating the environment as a result of spill, leaking or other malfunction of the Equipment. 14. INSURANCE: Tenant agrees to purchase, in advance, and to carry in full force and effect general liability insurance, providing coverage on an "occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and Independent Contractors, in current Insurance Services Office form or other form which provides coverage at least as broad. Tenant shall maintain a combined policy limit of at least $1,000,000.00 applying to Bodily Injury, Property Damage and Personal Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination with umbrella excess policies so long as the coverage is at least as broad as that required herein. Such liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit 4