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incurred for maintenance of the entire bay area under this section, County, <br />shall submit to ORFD, a check for reimbursement for the same within 30 days <br />after presentation. <br />10.) The parties shall be responsible for any work to be performed and any <br />costs associated with the same, in its respective areas in those sections <br />described in Paragraphs 1 and 2. <br />11.) With regard to casualty insurance, and material damage or destruction of <br />the building: <br />a. Both parties are insured owners pursuant to a single policy, and agree <br />to maintain casualty insurance for the replacement cost of the structure <br />and liability insurance for $1M/$2M. <br />b. Cost of insurance born by owners based on their respective ownership <br />share, with each party to pay the insurer directly. <br />c. In the event of damage or loss <br />i. the party whose side of the building is damaged is responsible <br />for the uninsured costs (deductible, and any overage); and <br />ii. each party is responsible for restoration <br />d. In the event of a catastrophic or total loss, the parties to mutually agree <br />to either: (i) rebuild, sharing the uninsured costs based on ownership <br />shares, or (ii) distribute the insurance proceed and sell the land based <br />on respective ownership interests. <br />12.) The terms of this MOU shall begin on the date of execution, and expire <br />upon establishment of the tenancy in common agreement relative to this <br />project. <br />13.) Neither ORFD nor County shall be liable to the other for any property <br />damage sustained by the other, personal injury to the other or to its officers, <br />agents and employees, irrespective of how such injury or damage may be <br />caused, whether from action of the elements or acts of negligence of the <br />occupants of adjacent properties, or any other persons; provided that nothing <br />contained herein shall relieve either ORFD or the County of the consequences <br />of its own negligence to the extent provided by law. <br />14.) Employees of both the County and ORFD acknowledge that they shall not <br />be agents employees of the other entity when responding to an incident <br />pursuant to this Memorandum of Understanding. <br />15.) ORFD and the County shall be responsible for payment of workers’ <br />compensation benefits only to their own respective employees. <br />16.) The Parties shall at all times remain in compliance with all applicable <br />local, state, and federal laws, rules, and regulations including but not limited <br />to all state and federal non-discriminations laws, policies, rules. <br />17.) Modification of this MOU must be in writing and approved by both <br />parties. <br />18.) This MOU and any exhibits and amendments attached hereto and any <br />documents incorporated specifically by reference represent the entire <br />agreement between the parties and supersede all prior oral and written <br />statements or agreements. <br />DocuSign Envelope ID: 2BF7F51E-7AD2-4804-B161-7D1A89DDFFA1