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enlargement and the cost thereof is subject to the mutual agreement of the City and the Trustees and to be
<br />evidenced by an ag_reement supplemental to this Lease Aa eement.
<br />The Trustees covenant and azree that the City shall not be responsible for and is hereby
<br />all liabilities for any injury or injuries, loss or damage, to an
<br />expressly released and discharged from any and y
<br />person or property in or about the Leased Properry, whether the injury, loss or damage be to the invitees,
<br />servants, agents, volunteers, members, trustees, officers or employees of the Trustees or to its property or to
<br />the property or person of anyone else; provided, however, that the City shall not be released from liability for
<br />damages directly caused by its own negligent or intentional act or omission. Without limiting in any way the
<br />generality of the foregoing, the Trustees covenant and agee that the City shall not be responsible for and is
<br />hereby eYpressly released and discharged from any and all liabilities for any and all such injury, loss, or
<br />damage occasioned by or arising out of the use and occupancy of the Leased Property by the Trustees; or
<br />arisina from any act or neglect of the Trustees, its invitees, servants, a?ents, volunteers, members, officers,
<br />employees, or trustees, or any owners or occupants of adjoining or contiguous property; or occasioned by
<br />reason of the design, construction, or condition of the Leased Property or any part thereof or for failure to
<br />keep the Leased Property or any part thereof in jood condition and repair; or caused in any other manner
<br />whatsoever; provided, however, that the City shall not be released from liability for dama?es directly caused
<br />by its own nejligent or intentional act or omission.
<br />Nothing in this Agreement shall be construed to waive or limit any defense the City or the
<br />Trustees may have by statute or at common law, including, without in any way limitina the generality of the
<br />foregoing, the defense of immunity, in acrions by third parties.
<br />SECTION 13. INSURANCE AND CONDENINATION.
<br />The Trustees shall procure and maintain, at their sole cost and expense, tluoughout the term
<br />of this Lease Agreement or any renewai or continuation thereof, commercial general liability insurance, with
<br />policy endorsements or provisions fully recognizing and protecting the City, its officers and employees,
<br />against any and all claims, including all costs and expenses of defending the City, its officers and employees,
<br />for personal injury or death or for property damage or loss occurring in, upon or about the Leased Property,
<br />with limits of not less than $1,000,000 for personal injury to or death of any one person and $3,000,000 for
<br />personal injuries or deaths in connection with any one occurrence and $1,000,000 for property damage or loss
<br />from any one occurrence. Such policy or policies shall provide that the insurer shall give the City at least
<br />thirty (30) days' written notice prior to cancellation or change of coverage. Upon the request in writing by the
<br />City, the Trustees sha11 deposit a copy of the policy, or policies of such insurance, or certificates thereof with
<br />the City.
<br />The Trustees shall procure and maintain, at their sole cost and expense, throughout the term
<br />of this Lease Ageement and any renewal or continuation thereof, fire and extended coverage insurance on
<br />the New Building and its contents in amount sufficient to provide for the full replacement cost of the New
<br />Building and its contents; provided, that any such policy may have a deductible not exceedina $10,000. Such
<br />policy or policies shall be with a solvent insurance company or companies authorized to issue such policies in
<br />the State of Ohio. Said policy or policies shall provide protection against Risks of Direct Physical Loss or
<br />Damage. Such policies shall provide that the izisurer shall give the City at least thirty (30) days' written
<br />notice prior to cancellation or change of coverage. The City shall be named as an additional insured on such
<br />policies, and, upon request in writing by the City, the Trustees shall deposit a copy of the policy, or policies of
<br />such insurance, or certificates thereof, with the City. Any insurance moneys received by the Trustees under
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