Agmt18 Second Amendment to Restated Agreement between Cities of RWC and San Carlos for Fire and Emergency Services

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14.4 Waiver of Subrogation. Lessee and City each hereby waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Lessee and City shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 15. Severability. If any provision of the Lease Agreement, or its application, is held invalid, it will not affect other provisions or application herein which can be given effect without the invalid provision or application. To this end all provisions of the Lease Agreement are severable. 16. City Repair of Lessee Damage. 16.1. Partial Destruction. If at any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by City, City may at City's option either (1) repair such damage as soon as reasonably possible at City's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within (30) days after the date of the occurrence of such damage .of City's intention to cancel and terminate this Lease as of the date of the occurrence of such damage, In which event the parties will meet and confer regarding any change in scope of work for the Fire Services Agreement in light of such Lease termination. In the event City elects to give such notice of City's intention to cancel and terminate this Lease, Lessee shall have the right within ten ATTY/AGRI20181AMENDMENTS/AMEND NO.2 SAN CARLOS — RWC FIRE AGREEMENT REV. 0417-18 JS Page 29 of 32