Ordinance 2024-612 - Laserfiche WebLink

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DocuSign Envelope ID: 2F824D49-F88D-4ED1-B861-25C6564470E2 EXECUTION COPY (c) LESSEE further agrees to investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claim is groundless, false, or fraudulent, and if called upon by the LESSOR, LESSEE shall assume and defend not only itself but also the LESSOR in connection with any claims, suits, or causes of action, and any such defense shall be at no cost or expense whatsoever to LESSOR, provided that the LESSOR (exercisable by the LESSOR's Risk Manager) shall retain the right to select counsel of its own choosing at its own expense. 9.2 LESSOR'S Liability. In no event shall LESSOR'S liability for any breach of this Lease exceed the amount of insurance proceeds arising from claims under LESSEE's insurance policies obtained pursuant to Section 9.3. This provision is not intended to be a measure or agreed amount of LESSOR'S liability with respect to any particular breach and shall not be utilized by any court or otherwise for the purpose of determining any liability of LESSOR hereunder except only as a maximum amount not to be exceeded in any event. Nothing contained in this Paragraph shall be construed to permit LESSEE to offset against Rents due a successor LESSOR a judgment (or other judicial process) requiring the payment of money by reason of any default of a prior landlord, except as otherwise specifically set forth herein. Nothing herein shall be deemed a waiver of LESSOR's sovereign immunity. 9.3 Insurance. At all times during the term of this Lease Agreement, LESSEE, at its expense, shall keep or cause to be kept in effect the following insurance coverages, with all policies to have LESSOR added as an additional insured: (a) A general liability insurance policy, in standard form, insuring LESSEE, and LESSOR as an additional insured on a primary and non-contributory status in favor of LESSOR, against any and all liability for bodily injury or property damage arising out of or in connection with this Lease and the license granted herein with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate and shall name the LESSOR as an additional insured on a primary and non-contributory status in favor of LESSOR. All such policies shall cover the activities under the Lease, including, but not limited to the possession, use, occupancy, maintenance, repair, and construction of additions, modifications, renovations or demolition of the Leased Premises or portions thereof. This policy shall not be affected by any other insurance carried by LESSOR. (b) Workers' Compensation Insurance to be in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) shall include Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) for each accident. (c) Business Automobile Liability for all vehicles owned or used by LESSEE and LESSEE's contractors that are involved in the operation of the Leased Premises with limits of no less than One Million Dollars ($1,000,000.00) limits per occurrence, including for Hired and Non -Owned Auto Liability coverage, with LESSOR as an additional insured on a primary and non-contributory status in favor of LESSOR. 16