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4 <br />a. Both Parties shall obtain and maintain Commercial General Liability <br />insurance, or the equivalent through a pooled liability program, with minimum <br />limits as follows: <br /> <br />Personal Injury Property Damage <br />$1,000,000 each occurrence $1,000,000 each occurrence <br />$2,000,000 aggregate $2,000,000 aggregate <br /> <br />b. City shall name District and its governing Board members, employees, <br />and agents as additional insureds for such policies. District shall name City and <br />its officials, employees, agents as additional insureds for such policies. <br /> <br />c. Each party shall provide the other Party with certificates of insurance <br />within one (1) week of full execution of this Agreement. <br /> <br />8. Indemnification. <br /> <br />a. City shall defend, indemnify, and hold harmless District and District's <br />governing Board, officers, employees, and agents, from and against any and all <br />claims, actions, liability, damage, loss, or obligations including all costs, <br />demands, expenses, and attorney's fees, arising out of the negligent acts, negligent <br />omissions, or willful misconduct of City, its officials, employees, or agents, <br />related to City's performance of City's obligations under this Agreement and <br />City’s use of the Joint Use Facilities. <br /> <br />b. District shall defend, indemnify, and hold harmless City, and City’s <br />officials, employees, and agents, from and against any and all claims, actions, <br />liability, damage, loss, or obligations including all costs, demands, expenses, and <br />attorney’s fees, arising out of the negligent acts, negligent omissions, or willful <br />misconduct of District, its governing Board, officers, employees, or agents, <br />related to District’s performance of District’s obligations under this Agreement <br />and District’s use of the Joint Use Facilities. <br /> <br />c. Neither City nor District shall be liable to the other for liability that arises <br />out of the sole negligence or willful misconduct of the other. <br /> <br />9. Assignment. Neither Party may assign its rights or delegate its duties pursuant to <br />this Agreement. <br /> <br />10. Previous Agreements. This Agreement supersedes and replaces all previous <br />agreements by and between City and District as pertains to the use of the Park. <br /> <br />11. Modifications. The terms and conditions of this Agreement may be modified or <br />changed only by written mutual consent of the Parties. <br /> <br />Page 54 of 228