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REV: 06-24-26 VR <br />Tenant shall pay for the services that it exclusively uses such as telephone and internet <br />services. <br />8. Damage or Destruction. <br />8.1 If the Premises or any portion thereof are damaged by fire or other casualty <br />not caused by the negligence or willful misconduct of Tenant, its employees, <br />agents, or invitees, City shall repair same provided repairs can, in City’s opinion, <br />be completed within ninety (90) days. If City proceeds to undertake repairs, this <br />Agreement shall remain in full force and effect. <br />8.2 If the damage or destruction is such that it cannot be repaired within ninety <br />(90) days from the date of the casualty in City’s opinion, either Party may terminate <br />this Agreement by providing written notice thereof within thirty (30) days of City’s <br />determination. <br />8.3 If the Premises are damaged or destroyed as a result of the negligence or <br />willful misconduct of Tenant, its employees, agents, or invitees, then Tenant shall <br />pay the cost to repair the Premises to the extent said damages are not covered by <br />applicable insurance. <br />8.4 If the Premises are completely destroyed, or damaged to the extent that in <br />City’s opinion, restoration is not economically feasible or practical, this Agreement <br />shall automatically terminate as of the date of such destruction and Tenant shall <br />immediately vacate the Premises. <br />8.5 Notwithstanding anything to the contrary in this Section, City shall not be <br />obligated to undertake repairs where: <br />8.5.1 the damage or destruction arises from a casualty or cause not <br />covered by insurance then in force maintained by City, or if for any reason, <br />the proceeds from such insurance are not available or are inadequate to <br />cover the entire cost of repair; or <br />8.5.2 the repairs cannot be made by reason of any law, statute, regulation, <br />ordinance, or rule of any governing body in City’s determination. <br />8.6 Nothing in this Section obligates City to repair or replace Tenant’s personal <br />property, fixtures, or improvements, or provide compensation to Tenant in any <br />manner. <br />9. Indemnification and Waiver. <br />9.1 Tenant shall indemnify, defend with counsel selected by City in its sole <br />discretion, and hold harmless City, its officers, employees, agents, and volunteers <br />from and against any all claims, demands, causes of action, damages, liabilities, <br />ATTY/AGR.2026.161/Community Overcoming Relationship Abuse (CORA) (Page 5 of 12)