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Resolution 2015-32
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Resolution 2015-32
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Last modified
3/12/2021 4:12:53 PM
Creation date
6/3/2015 9:49:37 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2015
Ord/Res - Number
32
Original Hardcopy Storage
7D6
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RES 2015-32
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6. Liability. Lessor shall not be liable for any damage or injury to Lessee occurring on the <br />leased Premises or any part thereof, and Lessee agrees to hold Lessor harmless from any <br />claim by Lessee for damages. Nothing herein contained shall be deemed or construed to <br />waive any of the protections afforded to Lessee, its officers or employees by the Colorado <br />Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq., as amended (the "GIA "). <br />7. Insurance. Lessee, at its expense, shall maintain liability insurance including bodily injury in <br />an amount not less than $2,000,000 per occurrence at all times under this Lease term. <br />Lessee shall provide Lessor with a Certificate of Insurance showing compliance with this <br />paragraph, from a commercially acceptable insurer and with Lessor named as an additional <br />insured thereunder. The Certificate shall provide for a ten -day written notice to Lessor in the <br />event of cancellation or material change of coverage. Lessee's insurance shall be primary to <br />any comparable insurance carried from time to time by Lessor.. <br />8. Eminent Domain. If the Premises or any part thereof or any estate therein, or any other part <br />of the building materially affecting Lessee's use of the premise, shall be taken by eminent <br />domain, this Lease shall terminate on the date when title vests pursuant to such taking. <br />9. Taxes. Lessor shall pay all real property taxes and general and special assessments levied <br />and assessed against the Premises. <br />10. Miscellaneous. <br />a. Governing Law and Venue. This Lease shall be governed by the laws of the State of <br />Colorado, and any legal action concerning the provisions hereof shall be brought in <br />Boulder County, Colorado. <br />b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches <br />of this Lease by either party shall not constitute a waiver of any of the other terms or <br />obligation of this Lease. <br />c. Integration. This Lease and any attached exhibits constitute the entire Agreement <br />between the parties, superseding all prior oral or written communications. <br />d. Third Parties. There are no intended third -party beneficiaries to this Lease. <br />e. Notice. Any notice under this Lease shall be in writing, and shall be deemed sufficient <br />when directly presented or sent pre -paid, first class United States Mail to the party at the <br />address set forth on the first page of this Lease. <br />f. Severability. If any provision of this Lease is found by a court of competent jurisdiction to <br />be unlawful or unenforceable for any reason, the remaining provisions hereof shall <br />remain in full force and effect. <br />g. <br />Modification. This Lease may only be modified upon written agreement of the parties. <br />h. Assignment. Neither this Lease nor any of the rights or obligations of the parties hereto, <br />shall be assigned by either party without the written consent of the other, provided <br />however that Lessor shall be permitted to assign this Lease to any subsequent fee title <br />holder of the Premises, with Lessor being released from all liability accruing subsequent <br />to the transfer of fee title and assignment to Lessor's successor. <br />
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