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Agenda - 01-24-2012 - 5m
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Agenda - 01-24-2012 - 5m
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2/17/2012 11:50:27 AM
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1/20/2012 12:49:43 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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Agenda
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5m
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Minutes 01-24-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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19 <br />(3) DELETED <br />(4) DELETED <br />(5) Plate glass insurance covering all plate glass on the Demised Premises at <br />full replacement value; and, <br />(6} DELETED <br />County shall deposit with Landlord prior to the date of any construction, use or <br />occupancy of the Demised Premises by County certificates evidencing County's <br />compliance with each of the required coverages. To the extent that any of the <br />foregoing policies shall change in name and/or coverage due to general changes <br />in the insurance industry, County shall obtain and maintain the equiva{ent. <br />policies and coverages as are then recognized in the insurance industry. <br />The limits for insurance policies as required above shall be construed as <br />limitations on the liability of County. The policies described in this Section 24 <br />shall contain an express waiver of subrogation by the insurance company <br />against Landlord,. its agents and employees. County shall not permit any act <br />which will invalidate or conflict with any insurance policies required herein, and if <br />the acts of County, its employees or agents shall increase the rate for insurance <br />referred to in this Lease, such increases shall be .immediately paid by County as <br />Additional Rent. <br />25. HOLD HARMLESS. <br />(a) Landlord and County each hereby release the other, its officers, directors, <br />employees, and agents from any and all liability or responsibility for any loss or <br />.damage to the extent insurance proceeds sufficient to fully pay for such cost of <br />repair are actually received from fire insurance with standard and extended <br />coverage endorsement, even if such fire or other casualties shall have been <br />caused by the fault or negligence of the other party, or anyone for whom such <br />party may be responsible. <br />{b) County hereby indemnifies (to the extent of insurance policies owned by the <br />County and to the extent of applicable law) agrees to hold harmless and defend <br />(to the extent of insurance policies owned by the County and to the extent of <br />applicable law) Landlord, its' managing agent, its mortgagees and land lessor <br />from and against any and al! damages (direct, indirect or consequential), claims, <br />loss, cost, expense or liabilities (including Landlord's cost of defending against <br />the foregoing, such cost to include attorney's fees) that arise from .County's <br />possession, use, construction, alteration, repairs, maintenance or control of the <br />Demised Premises, and any sidewalks adjoining same; including, but not~limited <br />to, the loss, theft, or damage to any property of County or others, no matter what <br />the source or cause and without regard to contributory or non-contributory <br />determinations. Landlord shalt not be liable for any damage or injury caused to <br />any person or property by reason of the failure of County to perform any of its <br />covenants or agreements hereunder. nor for such damage or injury caused by <br />reason of any defect in the premises now or in the future existing nor for any <br />'damage or injury caused by any present or future defect in plumbing, wiring, or <br />piping in the store space or any part of the Demised Premises. <br />26. DESTRUCTION OF DEMISED PREMISES. <br />16 <br />County of Orange, in North Carolina -Hillsborough Commons 07/02/08 <br />1NIl7ALS <br />\ ~ <br />
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