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<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
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