|
16.Right of Entry.Notwithstanding any other provisions of this Agreement to the
<br />contrary,the City shall at all times have the right to enter the Licensed Premises to inspect,
<br />improve,maintain,alter or utilize the Licensed Premises in any manner authorized to the City.
<br />In the exercise of its rights pursuant to this Agreement,the DBA shall avoid any damage or
<br />interference with any City installations,structures,utilities,or improvements on,under,or
<br />adjacent to the Licensed Premises.
<br />17.Indemnity and Release.The DBA shall be solely responsible for any damages
<br />suffered by the City or others as a result of the DBA’s use and occupancy of the Licensed
<br />Premises.The DBA agrees to indemnify and hold the City,its elected and appointed officers,
<br />agents,and employees harniless from and against all liability,claims,damages,losses,and
<br />expenses,including but not limited to attorneys’fees,arising out of,resulting from,or in any
<br />way connected with (a)the DBA’s use and occupancy of the Licensed Premises;(b)the conduct
<br />of the Street Faire;(c)any liens or other claims made,asserted or recorded against the Licensed
<br />Premises as a result of the DBA’s use or occupancy thereof;or (d)the rights and obligations of
<br />the DBA under this Agreement.
<br />18.Insurance.The DBA shall at its expense obtain, carry and maintain during the
<br />term of this Agreement,and shall require each contractor or subcontractor of the DBA
<br />performing work on the Licensed Premises to obtain, carry and maintain,a policy of
<br />comprehensive public liability insurance insuring City and the DBA against any liability arising
<br />out of or in connection with the DBA’s use,occupancy or maintenance of the Licensed Premises
<br />or the condition thereof.Such insurance shall be at all times in an amount of not less than
<br />$1,000,000 combined single limit for bodily injury and property damage.Such policy shall
<br />include coverage for liquor liability and such other endorsements and coverages as the City may
<br />reasonably require.Such insurance shall include the DBA,its officers,employees and
<br />volunteers as named insureds,and shall also name City,its officers and employees as additional
<br />insureds.A certificate of insurance shall be completed by the DBA’s insurance agent(s)as
<br />evidence that a policy or policies providing the coverages,conditions,and minimum limits
<br />required herein are in hill force and effect,and shall be subject to review and approval by City
<br />prior to commencement of the DBA’s occupancy of the Licensed Premises.As between the
<br />parties hereto,the limits of such insurance shall not limit the liability of the DBA.
<br />19.No Waiver of Immunity or Impairment of Other Obli2ations.The City is relying
<br />on and does not waive or intend to waive by any provision of this Agreement the monetary
<br />limitations (presently $350,000 per person and $990,000 per occurrence)or any other rights,
<br />immunities,and protections provided by the Colorado Governmental Immunity Act,C.R.S.§24-
<br />10-10 1 et seq.,as from time to time amended,or otherwise available to the City,and its officers
<br />and employees.
<br />20.Termination for Breach.At the City’s option,it shall be deemed a breach of this
<br />Agreement if the DBA defaults in the performance of any term or condition of this Agreement.
<br />In the event the City elects to declare a breach of this Agreement,the City shall have the right to
<br />6
<br />11
|