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In the event the Board of Education determines that the Smith Middle School should be <br /> operated as a year round school, the Town and County may schedule programs during the <br /> intercessions of such year round school when the school is not in session. <br /> 7. Availability of Smith Middle School Site: The Town and the County <br /> understand that due to possible construction delays, the Smith Middle School site, including <br /> Fields 3b, may not be available for immediate use when the school opens as scheduled for the <br /> 2001-02 school year, and agree that any delay in use due to construction shall not constitute a <br /> breach of this Agreement. Provided, however, that such delay in use shall not exceed two (2) <br /> year from the date that the Smith Middle School opens to students. <br /> 8. Waiver of Subrogation/Insurance: The Board of Education agrees to maintain <br /> fire, extended coverage, and vandalism and malicious mischief insurance on the premises and on <br /> personal property of the Board of Education contained therein to the extent of its full insurable <br /> value; the Town and County shall do the same with respect to their property located in or on the <br /> premises. The parties hereby mutually release and discharge each from all claims or liabilities <br /> arising from or caused by fire or other casualty covered by the above insurance on the premises, <br /> or property in or on the premises. <br /> 9. Casualty and Liability Insurance: It is understood and agreed by and between <br /> the parties hereto that each party shall carry such casualty and liability insurance as will protect <br /> its interests in said facilities, and protect itself in the event of injury to persons or property <br /> involved in the use of said premises by said party. Each party shall furnish to the other party <br /> upon demand, satisfactory evidence of insurance. <br /> 10. Indemnity: Each party hereto shall, to the extent allowed by law, indemnify <br /> and hold harmless and defend the other parties, their agents and employees from any claims, <br /> 8 <br />