200505875 - Laserfiche WebLink

Browse

200505875 cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on or about the Airport. The Authority shall in good faith negotiate and pay for the cost of the replacement of any portion of the Facility prior to it being removed or relocated under the provision of this subsection. Subsection 7.02 Inspection of Leased Premises. The Authority, through its executive director or other duly authorized agent, shall have upon reasonable times with reasonable prior notice, the right to enter the Demised Land and Facility for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement. Such entry shall be subject to the Department's security requirements, and will be escorted. ARTICLE VIII. INDEMNITY AND INSURANCE Section 8.01 Indemnification. Nothing in this Lease shall be construed as an agreement for indemnification by one party of the other for liabilities to a party or third persons for property loss or damage or death or personal injury arising out of and during the performance of this Lease. Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during the performance of this Lease shall be determined according to applicable law. Subsection 8.02 Liability Insurance. 1. The State of Nebraska, under the provisions of Nebraska Revised Statutes, section 81- 8,239.01 (Cum. Supp. 2000), self - insures all such exposures described therein and is financially capable of retaining these losses should they occur. If there is a liability loss under the provisions of any agreement signed by an agency of the State of Nebraska, a claim may be filed with the State Claims Board and, if approved, will be paid from the State Tort Claims Fund. The State retains all rights and immunities under the State Tort Claims Act, R.R.S., 1943, section 81 -8,209 et. al. and any other provision of law. 2. Authority retains all rights and immunities under the Nebraska Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §13-901 et seq., as amended, and under any other provision of law. Neither Authority nor Department is required to obtain public liability insurance in connection with the Demised Land, the Facility, fixtures, structures thereon or personal property. This section shall not be construed to prohibit any party from requiring any