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Agenda - 11-16-1993 - III-F (2)
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Agenda - 11-16-1993 - III-F (2)
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
III-F
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3 <br /> 5. Utilities . Friends shall be solely responsible for and shall <br /> promptly pay all charges for heat, water, sewer, gas, electricity <br /> or any other utility used or consumed in the Center, whether used <br /> during the lease periods or used during other times during the term <br /> of this agreement. Telephone service shall be the joint <br /> responsibility of County and Friends, the amount payable by each to <br /> be determined from time to time according to usage. <br /> 6 . Insurance. Friends shall at all times during the term of this <br /> Lease and Facilities Use Agreement maintain in full force and <br /> effect insurance in standard form generally in use in the State of <br /> North Carolina with insurance companies authorized to do business <br /> in North Carolina to protect itself and County against exposures <br /> which are covered under comprehensive public liability insurance <br /> coverage, providing coverage for bodily injury, personal injury, <br /> death or property damage, for the Center and for the lease periods . <br /> Coverage shall be written in an amount -of no less than $1,000, 000 <br /> combined single limit. This insurance policy(ies) may be owned by <br /> Friends or procured by endorsement on the policy of a third person. <br /> Provided, however, the policy(ies) shall name County, any person, <br /> firm or corporation designated by County and Friends as insured and <br /> shall contain a clause that the insurer will not cancel or change <br /> the insurance without first giving County thirty (30) days written <br /> notice. <br /> Friends shall provide insurance for property loss within the Center <br /> to the extent of its interest in such property. No personal <br /> property item located or maintained in the Center which is owned by <br /> Friends is insured by policies of insurance owned by County. <br /> Structural betterments and improvements to the Center now made or <br /> made during the term of this Lease and Facilities Use Agreement are <br /> part of the leased premises. They, therefore, are covered under <br /> property insurance owned by County. <br /> 7 . Indemnification. Except as to any claim caused by the <br /> negligence of County, Friends shall indemnify County, and save it <br /> harmless from demands, suits, damages, liability and expense in <br /> connection with loss of life, personal injury or property damage <br /> arising from or out of any occurrence, as defined by the required <br /> comprehensive public liability policy maintained by Friends, in, <br /> upon, or from the Center during the lease periods or the occupancy <br /> or use of the Center by Friends during the lease periods or <br /> occasioned wholly or in part by any act or omission by Friends, its <br /> tenants, agents, contractors, employees, invitees or licensees . <br /> 8 . Assignment and Subletting. Friends shall not assign or sublet <br /> any part of the Center without the prior written consent of Elliott <br /> Center Investors, its successors and assigns (hereinafter "Owner" ) , <br /> which may be reasonably withheld. The consent of Owner to any <br /> assignment or subletting or other act of Friends, however, shall <br /> not constitute a waiver of the necessity of such consent to any <br />
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