DNR H-1 Lease Agenda Staff Report

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all risk under this Lease (including, but not limited to, business interruption claims) whether or not insured. 10.8 Waiver of Subrogation. Notwithstanding any other provision contained in this Lease, each of the parties hereby waives any rights of subrogation it may have against the other party for loss or damage from any risk that is covered by insur ance (including, but not limited to, claims for business interruption). Each of the parties shall obtain a clause or endorsement providing for such waiver of subrogation in any policies of insurance required under this Lease. 10.9 Terms Subject to Change. LESSOR, in its sole and absolute discretion, reserves the right to review and adjust at any time LESSEE's required insurance limits, types of coverage, and any other terms applicable to insurance to insure against any risk associated with this Lease or LESSEE’s use, occupancy, or operations at the Airport. Among other things, LESSOR may review any or all insurance coverage on a periodic basis and in connection with any specific activity or event associated with the Airport or proposed by LESSEE. 10.10 Reimbursement for Increased Costs to LESSOR. If any insurance carrier providing coverage to LESSOR increases its charge of any policy of insurance carried by LESSOR as a result of this Lease or LESSEE’s use, occupancy, or operations at the Airport, LESSEE shall pay the amount of such increase within ten (10) days after LESSOR delivers to LESSEE a certified statement from LESSOR’s insurance carrier stating the amount of the increase attributable to LESSEE. 10.11 Survival: The obligations of the parties under this Section arising by reason of any occurrence taking place during the term of this Lease shall survive the expiration or earlier termination of this Lease. 11. NON-DISCRIMINATION: To the extent required by law, LESSEE, for itself, its personal representative, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: No person, on the grounds of race, color, religion, sex, age, marital status, handicap or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE’s personnel policies and practices or in the use or operation of LESSEE’s services or facilities.