2001 S Co Manager - Amended Smith Middle School Athletic Field Use Arrangement

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In the event the Board of Education determines that the Smith Middle School should be operated as a year round school, the Town and County may schedule programs during the intercessions of such year round school when the school is not in session. 7. Availability of Smith Middle 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 Subrogation/Insurance: 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 full insurable value; the Town and County shall do the same with respect to their 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, or property in or on the premises. 9. Casualty and Liability Insurance: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance as 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 the other party upon demand, satisfactory evidence of insurance. 10. Indemnity: 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, 0