AG 2012 11 19 - Laserfiche WebLink

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(60) days prior to the end of the current term that it wishes to terminate the Usage Agreement. Notwithstanding, either party may terminate this Usage Agreement for any reason or no reason upon one hundred twenty (120) days prior written notice. 3. USAGE PAYMENTS RCCC shall pay to County an annual usage payment of $1.00 (One Dollar) for the right to nonexclusive use of the Space and access across the Property to the Space. Payment shall be due and payable on the first day of August in advance of each year of the Term. 4. COUNTY RESPONSIBILITIES. a) Maintenance: The County will maintain the exterior and interior of the Space, which responsibilities will include, without limitation, maintenance and repair of the Property and landscaping and lighting of the Property grounds. All maintenance and repairs shall be performed in a workmanlike matter, normal wear and tear excepted. b) Insurance: The County will keep in force liability insurance in such amounts and against such hazards as may be necessary or desirable and will insure the Property and Space against fire and windstorm. If the Property shall be damaged by fire or other casualty, and such damages are of a minor nature, the same shall be repaired by the County directly, or from the proceeds of insurance coverage, as quickly as is reasonably possible. If the Space and /or the Property is damaged to such an extent as to render the same unfit for use or occupancy, this Usage Agreement shall terminate and the proceeds of the insurance coverage shall be paid to the County, and RCCC and the County shall be relieved from any further liability under this Usage Agreement. c) Utilities. The County shall be responsible for payment of all charges for water, sewer, electric, heating and air conditioning for the Property and Space. 5. RCCC RESPONSIBILITIES a) Maintenance. While using the Space and /or the Property RCCC agrees to keep the Space in good order, normal wear and tear excepted. RCCC will properly secure the Space and will promptly notify the County of any damage or repairs needed in the Space. The County shall be responsible for normal annual maintenance, cost of central heating, air conditioning, security, elevator and other built in equipment. b) Insurance. RCCC shall be responsible for providing insurance against fire, theft, water or other damage for its personal property in the Space and that of its employees, licensees and invitees. 6. REPRESENTATIONS AND WARRANTIES, "AS -IS" CONDITION. County offers the Space and RCCC accepts the Space and Property in its "AS -IS" condition. County makes no warranties or representation regarding such premises and no warranties are implied. RCCC shall hold County harmless from any claims for defects in the Space and /or Property. 7. REPAIR AND CARE OF SPACE AND /OR PROPERTY. RCCC will not commit any waste of the Space and /or Property and will pay for all damage to County Attachment number 1 F -4 Page 53