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7. Av ' abiliof sait Mi e SchoQJ Site: The Town 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 sch uled 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. W 'ver of a ' The Board of Education agrees to maintain <br />fire, extended coverage, and vandalism and malicious mischief iinsurance on the premises and on <br />Personal Property of the Board of Education contained therein to the extent of its :ftdl insurable <br />value; the Town shall do the same with respect to its property located in or on the premises. The <br />parties hereby mutually release and discharge each from all claims or liabilities arising from or <br />caused by fire or other casualty covered by the above insurance on the premises, r property in <br />or on the premises. <br />9- Qh"W-tv and lability I EM : It 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 inset-ante. . <br />10. Indemnity: Each party hereto shall, to the extent allowed by la?, 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 attorney's fees, arising out of for related to <br />any personal injury, death or property damage with respect to its use of the premiss, except to <br />the extent the same are caused by the negligence or misconduct of another party or p 'es. <br />11. Use b Other Parties: 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 />c