Common use of PROPERTY DAMAGE AND LIABILITY INSURANCE Clause in Contracts

PROPERTY DAMAGE AND LIABILITY INSURANCE. A. Notwithstanding any of the insurance requirements set forth in this Section 12, the County and the Board shall have the right to self-insure. The Parties are both members of the Montgomery County Self-Insurance Program. Section 20-37(c) of the Montgomery County Code restricts the legal defense fund to members of the fund and does not allow for outside entities. The insurance coverage for the County is subject to the limitations set forth in the Local Government Tort Claims Act (the “LGTCA”), Md. Xxx. Code, Cts. & Jud. Proc. §§ 5-303 et seq. (2016 Replacement Volume). The insurance coverage for the Board is subject to the limitations set forth in § 4-105 of the Education Article, Annotated Code of Maryland. Membership in the Montgomery County Self-Insurance Program must be maintained continuously by the County and the Board during the Term of this Lease and during any Renewal Term. Notwithstanding anything to the contrary set forth in this Lease, each Party agrees to notify the other Party, in writing, no later than thirty (30) days prior to any changes to such notifying Party’s coverage. B. The County agrees, and will require the County Licensee to agree to, not keep in or upon the Leased Premises or any part thereof, any article, supplies, or equipment, which may be prohibited by the standard form of fire or hazard insurance policy, or to do any act or thing upon the Leased Premises or in or about the Building which makes void or voidable any insurance on the Leased Premises or the Building. In the event that the County or the County Licensee keeps articles on the Leased Premises that cause any increase in the insurance premiums for the Leased Premises or the Building, the County, or the County Licensee, shall pay the additional premiums as they become due and payable within ten (10) days after notice or demand therefor. The Parties agree that the County’s Division of Risk Management or the County Licensee will purchase and maintain any required additional policies. The County agrees to conform to all rules and regulations from time to time established by the Maryland Insurance Rating Bureau, or any other authority having jurisdiction and will require the same of the County Licensee. C. The County agrees to hold harmless and hereby indemnifies the Board, from and against any and all claims, actions, damages, liability, and expense (including, reasonable attorneys’ fees and court costs that may be awarded by a court of law) in connection with loss of life, personal injury, or damage to property arising from or out of any occurrence, or occasioned by any negligent act or omission or willful misconduct of the County at or upon the Leased Premises or in the Building, or the exterior areas designated for the County’s use by the Board. For the purposes of this Section 12, the “County” includes Montgomery County, Maryland and its officers, directors, managers, and officials. This indemnification is subject to the notice requirements and the liability and damage caps stated in the LGTCA. This indemnification shall not be considered to be a waiver of governmental immunity and is not intended to create any rights or causes of action in third parties. Any indemnification by the County is subject to the availability of appropriations from its funding authorities. The County shall not, however, be liable for damage or injury occasioned by the acts or omissions of the Board or its employees or agents, or the Board’s failure to comply with its obligations hereunder. Nothing herein shall be construed to abrogate, impair, or waive any defense to liability, damages limitation, or governmental immunity of the County, its officials, officers, employees, or agents pursuant to Maryland law, or otherwise. D. The Board agrees to hold harmless and hereby indemnifies the County, from and against any and all claims, actions, damages, liability, and expense (including, reasonable attorneys’ fees and court costs) in connection with loss of life, personal injury, or damage to property arising from or out of any occurrence, or occasioned by any negligent act or omission or willful misconduct of the Board or its employees at or upon the Leased Premises, or the occupancy or use by the Board of the Leased Premises. For the purposes of this Section 12, the “Board” includes the Board of Education of Montgomery County and its officials, officers, employees, and agents. This indemnification is subject to the notice requirements and the liability and damage caps stated in the Maryland Education Article of the Annotated Code of Maryland. Nothing herein shall be construed to abrogate, impair, or waive any defense to liability, damages limitation, or governmental immunity of the Board, its officials, officers, employees, or agents pursuant to Maryland law, or otherwise. Any indemnification by the Board is subject to the availability of appropriations from its funding authorities. This indemnification is not intended to create any rights or causes of action in third parties. The Board shall not, however, be liable for damage or injury occasioned by the acts or omissions of the County or the County’s Licensee or either of their respective agents, employees, contractors or invitees, or the County’s failure to comply with its obligations under this Lease. E. The County shall deliver to MCPS DFM a certificate of insurance or other reasonably acceptable proof evidencing the coverage described above within thirty (30) days after the execution of this Lease. F. The County shall require the County Licensee to provide evidence of insurance coverage for the lease of the Leased Premises (not for services rendered) as follows: i. A policy of comprehensive general liability insurance, including fire legal liability coverage, issued by an insurance company authorized to do business in Maryland and in a form satisfactory to the Board with coverage of not less than One Million Dollars ($1,000,000) limit of liability per occurrence and not less than Two Million Dollars ($2,000,000) aggregate. ii. Automobile Liability coverage with a limit of liability of Five Hundred Thousand Dollars ($500,000.00) combined limit for bodily injury and property damage (if the County Licensee has any company owned vehicles);

PROPERTY DAMAGE AND LIABILITY INSURANCE. A. Notwithstanding any of the insurance requirements set forth in this Section 12, the County and the Board shall have the right to self-insure. The Parties are both members of the Montgomery Xxxxxxxxxx County Self-Insurance Program. Section 20-37(c) of the Montgomery Xxxxxxxxxx County Code restricts the legal defense fund to members of the fund and does not allow for outside entities. The insurance coverage for the County is subject to the limitations set forth in the Local Government Tort Claims Act (the “LGTCA”), Md. Xxx. Code, Cts. & Jud. Proc. §§ 5-303 et seq. (2016 Replacement Volume). The insurance coverage for the Board is subject to the limitations set forth in § 4-105 of the Education Article, Annotated Code of Maryland. Membership in the Montgomery Xxxxxxxxxx County Self-Insurance Program must be maintained continuously by the County and the Board during the Term of this Lease and during any Renewal Term. Notwithstanding anything to the contrary set forth in this Lease, each Party agrees to notify the other Party, in writing, no later than thirty (30) days prior to any changes to such notifying Party’s coverage. B. The County agrees, and will require the County Licensee to agree to, not keep in or upon the Leased Premises or any part thereof, any article, supplies, or equipment, which may be prohibited by the standard form of fire or hazard insurance policy, or to do any act or thing upon the Leased Premises or in or about the Building which makes void or voidable any insurance on the Leased Premises or the Building. In the event that the County or the County Licensee keeps articles on the Leased Premises that cause any increase in the insurance premiums for the Leased Premises or the Building, the County, or the County Licensee, shall pay the additional premiums as they become due and payable within ten (10) days after notice or demand therefor. The Parties agree that the County’s Division of Risk Management or the County Licensee will purchase and maintain any required additional policies. The County agrees to conform to all rules and regulations from time to time established by the Maryland Insurance Rating Bureau, or any other authority having jurisdiction and will require the same of the County Licensee. C. The County agrees to hold harmless and hereby indemnifies the Board, from and against any and all claims, actions, damages, liability, and expense (including, reasonable attorneys’ fees and court costs that may be awarded by a court of law) in connection with loss of life, personal injury, or damage to property arising from or out of any occurrence, or occasioned by any negligent act or omission or willful misconduct of the County at or upon the Leased Premises or in the Building, or the exterior areas designated for the County’s use by the Board. For the purposes of this Section 12, the “County” includes Montgomery Xxxxxxxxxx County, Maryland and its officers, directors, managers, and officials. This indemnification is subject to the notice requirements and the liability and damage caps stated in the LGTCA. This indemnification shall not be considered to be a waiver of governmental immunity and is not intended to create any rights or causes of action in third parties. Any indemnification by the County is subject to the availability of appropriations from its funding authorities. The County shall not, however, be liable for damage or injury occasioned by the acts or omissions of the Board or its employees or agents, or the Board’s failure to comply with its obligations hereunder. Nothing herein shall be construed to abrogate, impair, or waive any defense to liability, damages limitation, or governmental immunity of the County, its officials, officers, employees, or agents pursuant to Maryland law, or otherwise. D. The Board agrees to hold harmless and hereby indemnifies the County, from and against any and all claims, actions, damages, liability, and expense (including, reasonable attorneys’ fees and court costs) in connection with loss of life, personal injury, or damage to property arising from or out of any occurrence, or occasioned by any negligent act or omission or willful misconduct of the Board or its employees at or upon the Leased Premises, or the occupancy or use by the Board of the Leased Premises. For the purposes of this Section 12, the “Board” includes the Board of Education of Montgomery Xxxxxxxxxx County and its officials, officers, employees, and agents. This indemnification is subject to the notice requirements and the liability and damage caps stated in the Maryland Education Article of the Annotated Code of Maryland. Nothing herein shall be construed to abrogate, impair, or waive any defense to liability, damages limitation, or governmental immunity of the Board, its officials, officers, employees, or agents pursuant to Maryland law, or otherwise. Any indemnification by the Board is subject to the availability of appropriations from its funding authorities. This indemnification is not intended to create any rights or causes of action in third parties. The Board shall not, however, be liable for damage or injury occasioned by the acts or omissions of the County or the County’s Licensee or either of their respective agents, employees, contractors or invitees, or the County’s failure to comply with its obligations under this Lease. E. The County shall deliver to MCPS DFM a certificate of insurance or other reasonably acceptable proof evidencing the coverage described above within thirty (30) days after the execution of this Lease. F. The County shall require the County Licensee to provide evidence of insurance coverage for the lease of the Leased Premises (not for services rendered) as follows: i. A policy of comprehensive general liability insurance, including fire legal liability coverage, issued by an insurance company authorized to do business in Maryland and in a form satisfactory to the Board with coverage of not less than One Million Dollars ($1,000,000) limit of liability per occurrence and not less than Two Million Dollars ($2,000,000) aggregate. ii. Automobile Liability coverage with a limit of liability of Five Hundred Thousand Dollars ($500,000.00) combined limit for bodily injury and property damage (if the County Licensee has any company owned vehicles);