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rights or responsibilities under this Agreement relative to the retail areas. It is the intent of this Agreement that the Commission will contract separately concerning the retail areas. 11) Aesthetic Control: The Commission reserves the right to maintain aesthetic control over the interior and exterior of the Garages. Any signage, changes or improvements affecting such areas must be approved in advance by the Commission or its designee. 12) Utilities: The Commission shall provide the Garages with all applicable utility services, and shall reimburse the Operator for any such services, paid directly by the Operator, pursuant to Section 6, above. 13) Taxes and Assessments: The Operator shall not be responsible for the payment of any taxes and assessments levied upon or assessed with respect to the real and personal property contained in or upon the Garages. 14) Liability Insurance and Indemnification: a) During the term of this Agreement, the Operator shall insure, indemnify and hold the Commission, the City of South Bend, Indiana, and their agents and employees, harmless against any and all liability and loss whatsoever arising from any damage, injury, claim or demand caused by the acts, misconduct, errors, omissions or negligence of the Operator and its agents or employees during the scope and course of their employment pertaining to the Garages. Accordingly, the Operator shall provide and pay for comprehensive general liability insurance, property damage insurance and garage keeper's legal liability insurance to a combined single limit of Five Million Dollars ($5,000,000.00) and statutory coverage for the worker's compensation insurance. Commission and the City of South Bend shall each be named as an additional insured under the insurance policy or policies provided above. b) The Commission shall indemnify and hold the Operator harmless against any and all liability and loss whatsoever arising from any damage, injury, claim or demand caused by the design or structural condition of the Garages, or the use or tenancy of the location. 15) Independent Contractor: The Commission and the Operator agree that they are not to be deemed as partners or joint venturers, and that the services to be rendered by the Operator are as an independent contractor. All personnel for the operation of the Garages shall be employees of the Operator and not of the Commission or the City of South Bend. 16) Notice: Notices, communications and changes of address pursuant to or related to this Agreement shall be deemed given if deposited with the United States Mail, registered or certified, with postage paid, addressed as follows: 4