O-2009-3204 LPISD-lease space in new ITC building

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TO, ATTORNEYS' FEES AND LITIGATION EXPENSES (EACH A "CLAIM") OR ANY INJURY TO ANY PERSON OR TO ANY PROPERTY (EACH A "LOSS") OF THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, GUESTS, INVITEES, OR ANY THIRD PARTY, IN OR UPON THE PROPERTY OR PREMISES, RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, THEFT, OR VANDALISM AND THE CITY RELEASES THE DISTRICT PARTIES FROM ANY LIABILITY FOR SUCH CLAIM OR LOSS. (b) EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS OTHEWISE PERMITTED BY LAW, NEITHER THE CITY NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (collectively and anyone of them shall be referred to herein as "CITY PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR ANY CLAIMS, LOSSES, DEMANDS, SUITS, COSTS, AND EXPENSES, AND OTHER FORMS OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND LITIGATION EXPENSES (EACH A "CLAIM") OR ANY INJURY TO ANY PERSON OR TO ANY PROPERTY (EACH A "LOSS") OF THE DISTRICT PARTIES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, THEFT, OR VANDALISM TO THE EXTENT CAUSED SOLELY BY THE DISTRICT AND THE DISTRICT RELEASES THE CITY PARTIES FROM ANY LIABILITY FOR SUCH CLAIM OR LOSS. 6.2 Survival of the Disclaimer and Release. THE DISCLAIMER AND RELEASE OF LIABILITIES SET FORTH IN THIS ARTICLE 6 SHALL SURVIVE THE EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THIS AGREEMENT. Article 7: Insurance 7.1 At all times during the Term of this Agreement, the City shall obtain and keep in force, at its sole cost and expense, (i) a comprehensive general liability insurance policy with a single limit of at least two million dollars ($2,000,000), including coverage for bodily injury or death, property damage, and personal injury liability; and (ii) an all-risk property insurance policy covering the District's property located within the Premises in accordance with the terms of this Agreement for the full replacement cost of such District property. 7.2 Prior to the City's use of the Premises and before the insurance policies required to be maintained under this Agreement shall expire, the City shall deliver to the District a certificate and copies of all endorsements evidencing the issuance of such insurance policies. Upon request by the District, the City shall provide a copy of the insurance policies required under Section 7.1 of this Agreement. The City's comprehensive general liability insurance policy and certificate and endorsements evidencing such insurance shall include the District as additional insured and require that the District be notified of the cancellation or expiration of the policy in advance. Further, both policies required of the City under this Section 7.1 shall (i) contain provisions by which the insurer agrees that neither policy shall be canceled or substantially changed except after thirty (30) days written notice to the District; and (ii) be issued by insurance companies reasonably satisfactory to the District and qualified to do business in the State of Texas. Any -6-