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Property during normal business hours for purposes of inspection of the Project for compliance with
<br />this Agreement.
<br />9. Prohibition Against Disposition. Grantee shall not dispose of all or any part of the Project or Property
<br />funded by ODNR through the Term of this Agreement without the prior written consent of ODNR and
<br />OPFC. All notices, demands, requests, consents, approvals, and other communications to OPFC shall
<br />be addressed as follows:
<br />Ohio Public Facilities Commission
<br />30 East Broad Street, 34th Floor
<br />Columbus, Ohio 43215
<br />Attn: Assistant Secretary
<br />10. Joint or Cooperative Use Agreement. If the Property Is owned by a separate nonprofit organization
<br />and made available to a state agency for Its use or benefit, the nonprofit organization must either
<br />own, or have a long-term lease (for at least so long as the latest Bond Issuance funding or refinancing
<br />of the Project have not been paid In full) of, the Property or other capital facility to be Improved,
<br />renovated, constructed, or acquired and enter into a joint or cooperative use agreement, with and
<br />approved by the state agency that meets the requirements of H.B. 687, 134th General Assembly.
<br />11. Liability, Waiver of Uabil ty. Grantee shall be solely liable for any and all claims, demands, or causes
<br />of action arising from its obligations under this Agreement. Each parry to this Agreement must seek
<br />its own legal representative and bear its own costs, attorney fees and expenses, In any litigation that
<br />may arise from the performance of this Agreement or the Project. It is specifically understood and
<br />agreed that ODNR does not Indemnify Grantee. Nothing in this Agreement shall be construed to be
<br />a waiver of the sovereign immunity of the State of Ohio or the immunity of any of its employees or
<br />agents for any purpose. Nothing in this Agreement shall be constmed to be a waiver of any immunity
<br />of Grantee granted by statute or the immunity of any of its employees or agents for any purpose. In
<br />no event shall ODNR be liable for Indirect, consequential, incidental, special, liquidated, or punitive
<br />damages, or lost profits. On and after the date of this Agreement, Grantee agrees not to seek any
<br />determination of liability against ODNR, OPFC, the Treasurer, or any department, agency, or official
<br />of the State in the use of claim or suit arising from the Project including the acquisition of the Property
<br />or any future condition, construction, operation, maintenance, or use of the Property or facilities
<br />which may be developed in relation to the Project. Grantee forever releases and waives any and all
<br />claims, demands, and causes of action It may ever possess or assert against ODNR and its employees,
<br />agents, officials, and attorneys arising from, or relating to, the Project.
<br />12. Insurance.
<br />a. Adequate Insurance. Unless otherwise agreed to by ODNR in writing, Grantee shall maintain, or
<br />cause to be maintained, at no cost to ODNR, commercial general liability insurance and other
<br />insurance, including casualty Insurance, and if applicable, professional liability insurance, and
<br />builders risk Insurance, to insure ODNR, OPFC, the Treasurer, and the State in an amount and
<br />type determined by a qual'fiied risk assessor to be sufficient to cover the full replacement costs of
<br />improvements funded, in whole or in part, by the State, and for bodily Injury, property damage,
<br />personal injury, advertising injury, and employer's liability exposures of Grantee. Unless
<br />otherwise agreed to by ODNR in writing, such insurance shall remain in forceat all times from the
<br />Effective Date hereof through the Term of this Agreement.
<br />Capital Improvement Page A-16 ODNR Legal
<br />Project Guide Rev. Aug. 16, 2022
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