WS - D - Land Lease - City of Tiffin - Iowa Interstate Railroad

CITY expressly assumes Liabilities under this Article VII for claims or actions brought by its own employees and waives any immunity it may have under workers’ compensation or industrial insurance acts to indemnify RAILROAD under this Article VII. All Indemnity obligations existing in this Lease Agreement shall survive the expiration or earlier termination of this Lease Agreement. 7.01 Insurance. Throughout the term of this Lease Agreement, CITY shall keep in force the following: (a) a Commercial General Liability insurance policy or policies to protect RAILROAD against any liability to the public or to any invitee incidental to the use of or resulting from any incident occurring in or upon the Premises with a limit of not less than $2,000,000.00 per occurrence and not less than $8,000,000.00 general aggregate, plus $8,000,000.00 umbrella or excess coverage, in the annual aggregate, with RAILROAD named as an additional insured, or such larger amount as RAILROAD may prudently require from time to time, and, in each case, covering bodily injury and property damage liability and $1,000,000.00 products/completed operations aggregate with RAILROAD named as an additional insured; (b) insurance protecting against liability under Worker's Compensation Laws with limits at least as required by Iowa law. CITY shall provide RAILROAD with certificates of insurance evidencing the insurance requirements herein. When any insurance policy/ies are renewed or changed, CITY will provide RAILROAD with certificates of liability insurance and endorsements/riders (or other insurance policy language confirming coverage to RAILROAD and additional insured or named insured status or as otherwise required herein). Commercial general liability insurance will apply on a primary and non-contributory basis. Failure to provide the certificate of insurance noted herein shall constitute a default of this Lease Agreement. Acceptance of a certificate that does not comply with the requirements herein shall not operate as a waiver of CITY’s obligations herein. Except as otherwise provided in this Lease, damages recoverable by RAILROAD hereunder shall not be limited by the amount of the required insurance coverage. RAILROAD reserves the right to make commercially reasonable adjustments to insurance requirements, both in type of coverage and limits herein throughout the Term of this Lease. Waiver of subrogation in favor of RAILROAD with regard to losses or claims insured against under this Lease Agreement. Article VIII Condition of Premises 8.0 Premises Inspection. CITY acknowledges and agrees that it was given the opportunity to inspect the Premises and is relying solely on its own investigation of the Premises 6