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Trustees covenant and agree that the City shall not be responsible for and is hereby expressly
<br />released and discharged from any and all liabilities for any and all such injury, loss, or damage
<br />occasioned by or arising out of the use and occupancy of the Leased Property by the Trustees; or
<br />arising from any act or neglect of the Trustees, its invitees, servants, agents, volunteers, members,
<br />officers, employees, or trustees, or any owners or occupants of adjoining or contiguous property;
<br />or occasioned by reason of the design, construction, or condition of the Leased Property or any
<br />part thereof or for failure to keep the Leased Property or any part thereof in good condition and
<br />repair; or caused in any other manner whatsoever; provided, however, that the City shall not be
<br />released from liability for damages caused by its own negligent or intentional act or omission.
<br />Nothing in this Agreement shall be construed to waive or limit any defense the City
<br />or the Trustees may have by statute or at common law, including, without in any way limiting the
<br />generality of the foregoing, the defense of immunity, in actions by third parties.
<br />SECTION 14. USE OF HAZARDOUS MATERIALS PROHIBITED.
<br />The Trustees shall not bring or allow to be brought onto the Leased Property any
<br />hazardous or toxic material in violation of any environmental laws. The Trustees shall comply with
<br />all environmental laws.
<br />SECTION 15. INSURANCE AND CONDEMNATION.
<br />The Trustees shall procure and maintain, at their sole cost and expense, throughout
<br />the term of this Lease Agreement or any renewal or continuation thereof, commercial general
<br />liability insurance, with policy endorsements or provisions fully recognizing and protecting the
<br />City, its officers and employees, against any and all claims, including all costs and expenses of
<br />defending the City, its officers and employees, for personal injury or death or for property damage
<br />or loss occurring in, upon or about the Leased Property, with limits of not less than $1,000,000 for
<br />personal injury to or death of any one person and $3,000,000 for personal injuries or deaths in
<br />connection with any one occurrence and $1,000,000 for property damage or loss from any one
<br />occurrence. Such policy or policies shall provide that the insurer shall give the City at least thirty
<br />(30) days' written notice prior to cancellation or change of coverage. Upon the request in writing
<br />by the City, the Trustees shall deposit a copy of the policy, or policies of such insurance, or
<br />certificates thereof with the City.
<br />The Trustees shall procure and maintain, at their sole cost and expense, throughout
<br />the term of this Lease Agreement and any renewal or continuation thereof, fire and extended
<br />coverage insurance on the Facility and its contents in amount sufficient to provide for the full
<br />replacement cost of the Facility and its contents. Such policy or policies shall be with a solvent
<br />insurance company or companies authorized to issue such policies in the State of Ohio. Said policy
<br />or policies shall provide protection against Risks of Direct Physical Loss or Damage. Such policies
<br />shall provide that the insurer shall give the City at least thirty (30) days' written notice prior to
<br />cancellation or change of coverage. Upon request in writing by the City, the Trustees shall deposit
<br />a copy of the policy, or policies of such insurance, or certificates thereof, with the City. Any
<br />insurance moneys received by the Trustees under said policies shall be promptly applied to the
<br />repair, reconstruction or replacement of the Facility and its contents, and the Trustees shall add to
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