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01/31/2001 10:58 9199187346 ZONINGUNSPECTIONS PAGE 08 <br />7. Av ' ability of Sadt MMiddlg ScbgW Site: The Town an 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 asscheduled 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 ceed two (2) <br />year from the date that the Smith Middle School opens to students. <br />9. Waiver of Subroa Rnanr=:. 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 1 insurable <br />value; the Town shall do the same with respect to its property located in or on the p ' es. The <br />parties hereby mutually release and discharge each from all claims or liabilities sing from or <br />caused by fire or other casualty covered by the above insurance on the premises, Property in <br />or on the premises. <br />9- Q6%Wtv and iLiabilitylMMM: is understood and agreed by and between <br />the parties hereto that each party shall carry such casualty and liability insurance 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. Each per, hereto shall, to the extent allowed by Is% , indemnify <br />and hold harmless and defend the other parties , their agents and employees from any claims, <br />cost, expense, liability, action or judgment, including attomey's fees, arising out of or related to <br />any personal injury, death or property damage with respect to its use of the premises, except to <br />the extent the same are caused by the negligence or misconduct of another party or p 'es. <br />11. Use-by arties: It is understood and agreed hereto. that the parties shall <br />endeavor to make the Fields available to other interested groups and public bodies when not in <br />conflict with the program of the parties hereto, upon such terms and conditions as the party <br />9 <br />17