CCP 04-13-2010 - Laserfiche WebLink

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maintain the Facilities. Any such work shall be done at the sole expense of Tenant and shall not interfere with the City's use of the Property or operation of the water tower. 7. Loss and Damage. Tenant assumes and bears the risk of all loss and damage to the Facilities from any and every cause whatsoever, whether or not insured, except in the case of gross negligence or intentional misconduct of City. No loss or damage to the Facilities or any part thereof shall impair any obligation of Tenant under this Agreement and it shall continue in full force and effect, unless Tenant is unable to use the Property as provided in this Agreement. 8. Limitation of Liability. a. The City shall not be liable to Tenant or any other party for any interruption in Tenant's service. If the interruption is due to the City's action or inaction and such interruption extends beyond twenty four (24) consecutive hours, Tenant shall have the right to terminate this Agreement without payment of any damages. b. The City shall not be liable for special, incidental or consequential damages, including but not limited to lost profits, lost business opportunity, or damages related to interruption of Tenant's service. The City's liability is strictly limited to the actual and direct costs of equipment removal, relocation or repair necessitated by the City's breach of this Agreement. C. Tenant shall not be liable for special, incidental or consequential damages incurred by the City, including but not limited to lost profits, lost business opportunity, or damages arising out of Tenant's use of the Property. 9. Insurance. Tenant shall, at its own cost and expense, maintain at all times commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of the use of the Property by Tenant, with 365493v1 CLL NE136-24 4