HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (21)hold the City harmless from all liability, liens, claims and
demands on account of such work. At least fifteen (15) days prior
to the commencement of any work in or to the Property, CSU will
give the City written notice of the proposed work and the names and
addresses of the persons supplying labor and/or materials for the
proposed work.
10. Taxes. Assessments and Utility Charges. In the unlikely
event that the Property or any portion thereof shall, for any
reason, be deemed subject to taxation, assessments or charges
lawfully made by any governmental body, CSU shall pay all such
taxes, assessments and governmental charges when due. CSU shall
also pay all gas, water, steam, electricity, heat, power,
telephone, trash removal and all other utility charges incurred by
CSU in the operation, maintenance, use, occupancy and upkeep of the
Property. It is agreed between the parties that CSU will be
considered as a "retail customer" for the provision by the City of
any City -owned utility services to the Property for the benefit of
CSU.
11. Interconnection of CSU Electrical Facilities to the
City's Electrical Distribution Svstem. The City will allow CSU to
connect electrical generating equipment to the City owned
electrical distribution system. The purpose of this
interconnection is to allow the load testing of engines being used
by CSU in its research and development efforts. This connection is
not for the purpose of co -generation of electrical energy. CSU
will be responsible for the costs of all appropriate electrical
facilities required for this interconnection including the
protection equipment required to provide the separation of CSU
owned facilities from City owned facilities under emergency
conditions or for the routine operation and maintenance of the City
owned electrical distribution system. The City will specify what
equipment CSU shall install to meet the City,s interconnection
requirements. The City will not pay CSU for any electrical energy
that may be delivered to the City as. a result of this
interconnection. To the extent that electrical energy is delivered
to the City, CSU shall obtain, in writing, an agreement from Platte
River Power Authority that such delivery of electrical energy is
acceptable to and does not have adverse impacts upon Platte River
Power Authority. CSU shall provide a copy of said agreement to the
City.
12. Liability. Notwithstanding any other section of.this
Lease to the contrary, no term or condition of this Lease shall be
construed or interpreted as a waiver, either expressed or implied,
of any of the immunities, rights, benefits or protection provided
to the Parties under the Colorado Governmental Immunity Act
(including, without limitation, any amendments to such statute, or
under any similar statute which is subsequently enacted). The
parties hereto understand and agree that liability for claims for
injuries to persons or property arising out of the negligence of
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