Agenda - 11-18-2008 - 4h - Laserfiche WebLink

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Property at the time of sale and warranties that cannot be disclaimed as a matter of law. Customer agrees to take upon itself the settlement of all such claims and the defense of any legal proceeding brought to enforce such claim or claims, and to pay all judgments entered in such legal proceeding and all costs, attorneys' fees or other expenses. If settlement of said claims would affect Lessor's Interests, Customer shall obtain Lessor's written consent prior to settlement. The provisions of the foregoing indemnity do not include any gross negligence or willful misconduct by Lessor, its agents or employees, but are otherwise absolute and unconditional and shall continue in full force and effect regardless of where, how or by whom any Property is operated, and notwithstanding any insurance coverage that Customer may carry or the termination or cancellation of this Lease Agreement. The foregoing provisions include, without limitation, liability and claims arising by reason of negligence, strict liability, breach of warranty, or defect in manufacture or maintenance. 6. PHYSICAL DAMAGE AND LIABILITY INSURANCE. Unless otherwise designated on Schedule A, Customer, at its sole cost and expense, shall, during the term of the Lease Agreement, procure and maintain in full force and effect insurance on the Property, and any substitute or replacement Property, with insurance companies with a Best's Guide A- rating or better and approved by Lessor, providing coverage against loss or damage by fire, theft and collision and perils covered under the comprehensive coverage of the standard automobile policy of insurance in an amount equal to the full insurable value thereof, subject to the deductible provided on Schedule A, with Lessor and its secured party assignee, if any, as loss payees. Notwithstanding the above, and unless otherwise designated on Schedule A, Customer, at its sole cost and expense, shall, during the term of the Lease Agreement, procure and maintain in full force and effect public liability insurance policies written by non-assessable insurance companies with a Best's Guide A- rating or better and approved by Lessor and authorized to transact business in each state where the Property, and any substitute or replacement Property, is to be operated, protecting the interests of Lessor, the funding source, and Customer with respect to their liability for injury to or death of persons and damage to or loss of use of property resulting from the ownership, use, or operation of the Property, with Lessor and its secured party assignee, if any, as additional insureds. Such public liability insurance policies as to the Property shall have limits of not less than the amounts specified on Schedule A.