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business hours for the purpose of inspecting it and the operations therein and thereon, and for the
<br />purpose, without releasing the Trustees from any of their obligations under this Lease Agreement
<br />or waiving any default, of making repairs which may be necessary by reason of the failure of the
<br />Trustees to perform any such act required of them hereunder; provided that (i) the City shall not
<br />proceed to make the repairs (A) sooner than the thirtieth day after written notice of the proposed
<br />making of the repairs is given by the City to the Trustees unless the repairs are required to be made
<br />on an emergency basis in order to preserve or protect persons or property, or (B) so long as the
<br />Trustees have commenced and are diligently pursuing the making of the required repairs, and (ii)
<br />to the extent practicable, any such work shall be scheduled outside of normal business hours so as
<br />to minimize interference with normal library operations. The City shall be reimbursed for the cost
<br />of any such repairs in accordance with the provisions of Sections 13 and 20 of this Lease
<br />Agreement.
<br />SECTION 13. MAINTENANCE AND LIABILITY.
<br />During the continuance of this Lease Agreement, the Trustees shall maintain the
<br />Leased Property in good condition, repair and state of cleanliness, and as between the City and the
<br />Trustees, the Trustees shall pay the fees and charges for all utilities provided to the Leased Property,
<br />both interior and exterior, including without limitation, all charges for service and for setting and
<br />repairing meters, and the Trustees shall arrange for those utilities in the name of the Trustees,
<br />including without limitation, telephone, cable, electric, water, sewer and rubbish, garbage and trash
<br />removal services. The Trustees shall be solely responsible, and shall pay all costs required, for the
<br />maintenance and repair of the grounds of the Leased Property, including without limitation, lawns,
<br />plant beds, walks, driveways and parking areas principally designated to be utilized for library
<br />parking.
<br />The Trustees shall comply with all laws, orders, regulations, rules and requirements
<br />of every kind and nature relating to the maintenance, use and occupation of the Leased Property
<br />of any governmental authority having jurisdiction with respect thereto. The Trustees shall pay all
<br />cost and expense incidental to such compliance.
<br />As between the City and the Trustees, the Trustees shall be solely responsible, and
<br />shall pay all costs required, for the making of all repairs and replacements to the Leased Property
<br />as the same become necessary during the term of this Lease Agreement, including without
<br />limitation, repairs to or replacement of the roof of the Facility. The City and the Trustees
<br />acknowledge that neither has assumed responsibility for additions to or enlargement of the Leased
<br />Property, and that the responsibility for any future addition or enlargement and the cost thereof is
<br />subject to the mutual agreement of the City and the Trustees and to be evidenced by an agreement
<br />supplemental to this Lease Agreement.
<br />The Trustees covenant and agree that the City shall not be responsible for and is
<br />hereby expressly released and discharged from any and all liabilities for any injury or injuries, loss
<br />or damage, to any person or property in or about the Leased Property, whether the injury, loss or
<br />damage be to the invitees, servants, agents, volunteers, members, trustees, officers or employees
<br />of the Trustees or to its property or to the property or person of anyone else; provided, however,
<br />that the City shall not be released from liability for damages directly caused by its own negligent
<br />or intentional act or omission. Without limiting in any way the generality of the foregoing, the
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