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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 - 4 of 17 -