2001 NS County Mgr - Smith Middle School Use and Lease Agreement

Browse Search

01/3112001 10:58 9199187346 ZONING &INSPECTIONS PAGE 08 7• Availability of Snub Mid 1 School Site: The Town and the County understand that due to possible construction delays, the Smith Middle School site, including Fields 3b, may not be available for :immediate use when the school opens as scheduled for the 2001 -02 school year, and agree that any delay in use due to construction shall not constitute a breach of this Agreement. Provided, however, that such delay in use shall not exceed two (2) year from the date that the Smith Middle School opens to students. 8. Waiver of S Izatimanmirance: The Board of Education agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the premises and on personal property of the Board of Education contained therein to the extent of its l insurable value; the Town shall do the same with respect to its property located in or on the premises. The parties hereby mutually release and discharge each from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on the premises, c r property in or on the premises. 9. Casualty and Liability nsuMce: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Each party shall furnish to th other party upon demand, satisfactory evidence of insurance. . 10. emni : Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties , their agents and employees from any claims, cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premix s, except to the extent the same are caused by the negligence or misconduct of another party or p 11. Use by Other Parties: It is understood and agreed hereto that the parties shall endeavor to make the Fields available to other interested groups and public bodies when not in conflict with the program of the parties hereto, upon such terms and conditions as the party 7