Temporary Access Agreement - Redevelopment Commission of SB - History Museum

Home Browse Search

ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Work. 5. Ownership. The City represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record. 6. Hazardous Materials. The Museum shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Property. 7. Indemnification. The Museum understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of the Museum's property or any bodily harm or injury that may result from the Museum's use of the Property. The Museum understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property the Museum or its invitees use in connection with the Work while on the Property. The Museum shall indemnify, defend, and hold the City harmless from and against any and all claims resulting from damage to any property upon the Property or injury to any person upon the Property and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 8. Insurance. The Museum will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, the Museum will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The City reserves for itself the free use of the Property in any manner not inconsistent with the terms of this Agreement. 10. Benefit. The parties intend that each of the rights and obligations set forth herein shall inure to the burden or benefit of the respective parties and their related companies, successors, and assigns. 11. Notices. Any notices required under this Agreement may be provided (a) by hand - delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each party's respective address and the representatives stated below. City: City of South Bend, Indiana 1400 S. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Erin Michaels, Property Development Manager With a copy to: South Bend Legal Department 1200 S County -City Building 227 W. Jefferson Blvd.