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negligence of USER under its performance of this ab eement. PROVIDER �vill norify <br />the USER of any damages and allow the USER a ieasonable oppoitunity to ieview the <br />damage before repairs are made. PROViDER is responsible for the repair or <br />replacement of PROVIDER'S property and �vill ineoice the USER for the damages. <br />USER'S obligation shall be to reimburse PROVIDER for the cost of labor and <br />replacement of like-kind and qualiry equipment. <br />PROVIDER ab ees to indemnify and hold harmless USER from and against all claims, <br />costs, expenses(including attorney fees) and liabilities of whatever nature arising <br />from(i) any negligent or wrongful act or omission of PRC�VIDER, its licensees, agents, <br />or employees; or (ii) arising from any accident, injury, inclucling death, or damage to <br />any person or property occurring on the premises and caused by the negligence or <br />other wronb ul conduct of PROVIDER, excluding claims arising from USER'S <br />performance under this ab eement. This parab aph shall not act as a waiver of any tort <br />liabiliry caps or legal immunities that may e�st to protect the PROVIDER. <br />USER ab ees to indemnify and hold harmless PR(�VIDER from and against all claims, <br />costs, expenses(including attorney fees) and liabilities of whatever nature arising from <br />(i) any negligent or wrongful act of omission of USER, its licensees, agents, or <br />employees; or (ii) arising from any accident, injury, including death, or damage to any <br />person or property occurring on the premises and caused by the negligence or other <br />wrongful conduct of USER, excluding claims arising from PROVIDER's <br />performance under this a�eement. <br />INSURANCE: Bot�i USER and PROVIDER shall maintain liability insui-ance against <br />claims for bodily injury, death or property damage occurring on or about the <br />FTCenter. Such insurance shall be written on an occurrence basis with a combined <br />single limit of not less than $1,000,000 per occurrence. If the insurance policy is written <br />on a"claims-made basis," the party will maintain coeerage for a minimum of three <br />years past the expirati�n �f this agreement The retr�active date �f the p�licy shall be <br />indicated on the certificate of insLuance oudining coeerage. <br />In addition, both parties shall name the other party as an additional insured with <br />respect to its own operations on said policies of insurance. Both parties will maintain <br />all workeis compensation insurance required by law. <br />THIS C(�NTRACT AND ANY ATTACHED SCHEDULES (�R SIGNED ADDENDUMS <br />C(�NSTITUTES THE ENTIRE AGREEMENT BE'I"W'EEN PR(�VIDER AND USER. THE <br />UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE <br />ATTACHMENT. NO PROVISION OF THIS AGREEMENT l�LAY BE CHANGED, �'AIVED <br />(�R TERI�ZINATED UNLESS D(�NE IN �URITING AND EYECUTED B� B(�TH PR(�VIDER <br />AND USER. <br />3 <br />Doc ID: fd03dbfc72b199ca2551ec498e9baf0e49a56c1f <br />