|
ordinance, regulation, or requirement shall be conclusive as between City and University
<br />and shall constitute grounds for termination of this Agreement by City.
<br />ARTICLE 7. INDEMNITY AND INSURANCE
<br />7.1 University shall defend, indemnify, and hold harmless City, and its elected officials,
<br />officers, employees and agents from and against any and all claims, causes of action,
<br />damages and liability resulting from AARP's negligent acts or omissions, and the willful
<br />misconduct of University, and that of University 's agents, employees and invitees, during
<br />University's occupation and use of the Premises during the term of this Agreement. This
<br />section shall survive any termination or expiration of this Agreement.
<br />A Comprehensive general liability insurance, with carriers acceptable to City, with
<br />minimum coverage of One Million Dollars ($1,000,000) per occurrence, and Two Million
<br />Dollars ($2,000,000) aggregate for public liability, property damage and personal injury.
<br />City shall be names as an additional insured and such insurance shall be primary and non-
<br />contributing to any insurance or self-insurance maintained by City. A certificate of
<br />insurance with endorsements evidencing such coverage shall be provided to City prior to
<br />University's occupancy of the Premises.
<br />B. Workers' Compensation and Employer's Liability insurance in the amount that meets
<br />statutory requirements with an insurance carrier acceptable to City, or certification to City
<br />that University is self -insured or exempt from the worker's compensation laws of the
<br />State of California. University shall provide City with Exhibit "A," titled "Workers'
<br />Compensation Insurance Certification," which is attached hereto and incorporated herein
<br />by this reference prior to occupancy of the Premises.
<br />C. University shall defend, indemnify and hold harmless City, and its elected officials,
<br />officers, employees, agents, and volunteers, from any and all damages, costs, suits,
<br />claims, losses and liability for injury to persons including death, and damage to property,
<br />arising out of, or in connection with, any act or omission of University or its officers,
<br />employees, agents or volunteers, in connection with operation of its business at the
<br />Premises.
<br />ARTICLE 8. TAXES AND UTILITIES
<br />8.1 City shall pay, and hold University free and harmless from, all charges for the furnishing
<br />of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to
<br />the Premises during the term of this Agreement. University shall pay, and hold City free
<br />and harmless from, all charges for telephone usage by University at the Premises.
<br />ARTICLE 9. ATTORNEYS' FEES
<br />9.1 In the event any action is commenced to enforce or interpret the tern 1 s or conditions of
<br />this Agreement, the prevailing Party shall, in addition to any costs and other relief, be
<br />entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house
<br />counsel by a Party.
<br />3
<br />I:\emo\Agreements\University of Redlands Facility Use Agreement (Community Center & Library) FY23-0071.docx-ms
<br />
|