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feasible, TRF will be assessed a proportional share of all utility charges noted <br />above, on a monthly basis, as determined in writing by the Parties. <br />9. Compliance with Laws and Licensing. TRF shall comply with all applicable <br />federal, state and local laws. TRF shall at all times during the term of this <br />Agreement have and maintain in force any and all licenses, permits or approvals <br />required by law for the conduct of TRF's activities under this Agreement. This <br />includes all state licensing for daycare or childcare activities. <br />10. Indemnification. TRF shall defend, indemnify, and hold harmless the City and its <br />officers, officials, employees, and volunteers from and against any claims, <br />liabilities, damages, losses, costs, expenses incurred or suffered by City on <br />account of any personal injuries or property damage caused by the use of <br />Facilities pursuant to this Agreement or any activity or negligent omission of TRF <br />or its employees, agents, volunteers or contractors. In the event that City is <br />named as a codefendant, TRF shall notify City of such fact and shall represent <br />City in such legal action unless City undertakes to represent itself in such legal <br />action. TRF further agrees to indemnify, hold harmless, and pay all costs of <br />defense of the City, including fees and cost for special counsel to be selected by <br />the City, regarding any action challenging the validity of this Agreement, or <br />asserting that personal injury, damages, just compensation, restitution, judicial or <br />equitable relief due to personal or property rights arises by reason of the terms, or <br />effects of this Agreement. City may make all reasonable decisions with respect to <br />its representation in any legal proceedings. <br />11. Insurance. TRF shall procure and maintain for the duration of the Agreement <br />insurance against claims for injuries to persons or damage to property which may <br />arise from or in connection with the use allowed hereunder and the results of that <br />use by TRF, its agents, representatives, employees and subcontractors pursuant to <br />the scope and coverage noted below: <br />A. Commercial General Liability (CGL): Insurance Services Office Form CG <br />00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $2,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall <br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the <br />general aggregate limit shall be twice the required occurrence limit. <br />B. Automobile Liability: ISO Form Number CA 00 01 covering any auto <br />(Code 1), or if TRF has no owned autos, hired, (Code 8) and non -owned <br />autos (Code 9), with limit no less than $1,000,000 per accident for bodily <br />injury and property damage. <br />Facilities Use Agreement With Training and Research Foundation <br />4 <br />