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

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liability insurance carried or to be carried by the City under this Agreement shall be primary and non-contributory over any insurance policy or self-insurance coverage maintained or carried by any of the additional insured. The City's failure to obtain or maintain the required insurance shall constitute a material breach of this Agreement and shall result in the City being required to immediately cease its use of the Premises. 7.4 Any and all insurance policies required of the City under this Agreement shall contain a waiver of subrogation of any right against the District or any insurance policy owned or held by either the District. Article 8: Default 8.1 If the either party fails to comply with any prOVlSlon in this Agreement, the non- breaching party shall give the breaching party written notice of the default. If within ten (10) business days after notice is given, the breaching has not cured the default, or in the other party's sole discretion and judgment has not made substantial efforts to cure the default, (which shall be fully cured no later than 20 business days after notice), the non-breaching party may terminate this Agreement immediately and seek the redress and remedies as set forth below. 8.2 In addition to the termination rights under Section 8.1, in the event of any such default or breach by the City and the failure to cure within the time frames required, the District may at any time thereafter, in its sole discretion, with or without notice or demand (except as otherwise stipulated and expressly provided for herein) terminate the City's right to use the Premises and shall remove City Equipment and/or City Communications Equipment by any lawful means, in which case this Agreement shall terminate and the City shall immediately cease its use of the Premises and entry to the Property and shall pay all amounts owed to the District under this Agreement up to the time of such termination, except that Interest shall continue to accrue as set forth in this Agreement until such time as all delinquent amounts are paid in full and in such event the District shall be entitled to recover from the City all damages incurred by the District by reason of the City's default, including collection costs and attorney's fees. 8.3 The City waives any claim to "possession" of the premises as that term is defined by law and agrees that since this is merely an agreement for the City's use of the Premises rather than a property right in the form of a lease, and the City waives necessity of, or entitlement to, a forcible detainer or other similar action to remove the City from the Premises. Article 9: Parking Area 9.1 The District reserves the right to change the entrances, exits, traffic lanes, and the boundaries and locations of parking area at the Property without notice to the City. 9.2 The District shall keep the motor vehicle parking areas in a neat, clean and orderly condition. 9.3 The City, for the use and benefit of the City, its employees, guests, and invitees, shall have the non-exclusive right in common with the District and the District's officers, employees, -7-