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amounts owed to Company shall become due and payable immediately upon termination. If, at
<br />Client's request, Company enters into agreements with one or more third parties in connection
<br />with its management of Client's Commissary Service operations (collectively, "Third Party
<br />Agreements"), Client agrees, at Client's sole cost and expense, to: (i) assume and undertake (or
<br />cause to be assumed and undertaken by the Commissary Service provider succeeding Company)
<br />all responsibilities of Company under all Third Party Agreements from and after the date this
<br />Agreement expires or is earlier terminated; (ii) release Company from all liability associated with
<br />such Third Party Agreements from and after the date this Agreement expires or is earlier
<br />terminated; and (iii) bear all liability and responsibility with respect to any costs, fees and other
<br />charges associated with termination of such Third Party Agreements. This Paragraph shall survive
<br />the termination or expiration of this Agreement.
<br />9. INDEMNIFICATION; INSURANCE
<br />9.1 Insurance. Both Client and Company shall maintain their own insurance on their respective real
<br />property, equipment and contents. Upon request, evidence of such insurance shall be provided in
<br />the form of a certificate of insurance.
<br />A. Company Insurance. Company shall procure and maintain the following insurance:
<br />1. Worker's Compensation Insurance as prescribed by the laws of the state where the
<br />Premises are located; and
<br />2. Comprehensive General Liability Insurance, with limits of one million dollars
<br />($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) annual
<br />aggregate to cover any and all claims that arise during the course of this Agreement.
<br />C. Subrogation. Client and Company waive any and all right of recovery from each other for
<br />property damage or loss of use thereof, however occurring, which loss is insured under a valid
<br />and collectible insurance policy to the extent of any recovery collectible under such insurance.
<br />This waiver shall include, but not be limited to, losses covered by policies of fire, extended
<br />coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for
<br />personal death or injury. Company shall not be liable to the Client, in any way for damage to
<br />the Facilities or Premises caused by reason of fire, or other hazard, however caused, or by the
<br />reason of an act of God. In any event, Company shall not be held liable for any cause to an
<br />extent which would exceed effective coverage and dollar limits prevailing under the policies of
<br />insurance described in this Agreement.
<br />9.2 Indemnification. Each Party agrees to provide the following indemnification:
<br />A. Each party agrees that it will defend, indemnify and hold harmless the other party, its officers,
<br />directors, parent corporation, affiliates, employees and agents ("Indemnified Parties") against
<br />any and all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses
<br />(including, without limitation, reasonable attorneys' fees), costs and costs of court (collectively,
<br />"Damages") which Indemnified Parties may hereafter sustain, incur or be required to pay
<br />arising out of the other party's negligent acts, omissions or failure to perform obligations
<br />pursuant to this Agreement. Provided, however, neither party shall be required to defend,
<br />indemnify and hold harmless the other party for any intentional or criminal actions of the other
<br />party or its employees, visitors or invitees. Client agrees to defend, indemnify and hold
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