2. AGMT IGA Public Safety Training Facility

waives all claims against the City.
User Agency agrees to be responsible and assumes liability for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent
allowed by law, to include the Federal Tort Claims Act, 5 U.S.C §2671, et seq. In the event
of damage, loss, injury, or death arising from User Agency's use of or activities at the PSTF,
the person or entity suffering the loss may submit a claim to User Agency under the Federal
Tort Claims Act, and such claim will be processed and paid in accordance with applicable
law.
b. Limitation on Negligence of the City; PSTF Accepted "As Is". User Agency
acknowledges and agrees the City has given User Agency full prior access to all portions
of the PSTF for inspection of the PSTF to determine its suitability for the intended use. The
City agrees to provide access for inspection, upon request, to User Agency prior to its
scheduled use. User Agency avows that User Agency's personnel who conduct inspections
have all the relevant structural, materials, electrical and other expertise necessary to make
such a determination, and that any failure of User Agency's said personnel to locate any
defect whatsoever that might lead to any of the losses, damage or liability indemnified
against in paragraph (a) above, or User Agency's failure to inspect, will constitute
negligence on the part of the User Agency and its inspectors, and will not be considered
negligence on the part of the City. The City is providing User Agency with the use of the
PSTF solely on an "As Is" basis. User Agency agrees not to conduct any activities on any
portion of the PSTF that User Agency and its qualified employees have not fully inspected
and found to be suitable and safe for the intended use at the time such use is undertaken.
XI. INSURANCE. It is understood by the City that the User Agency, as an agency of the United
States, is self-insured and as such does not carry liability insurance. The United States will be
liable to the extent provided by the Federal Tort Claims Act, for money damages for injury or loss
of property or personal injury or death caused by the negligent or wrongful act or omission User
Agency employee acting within the scope of his/her employment while using the PSTF.
XII. WAIVER. No provision in this Agreement shall be construed, expressly or by implication, as
waiver by the City of any existing or future right and/or remedy available by law in the event of
any claim of default or breach of this Agreement. The failure of either Party to insist upon strict
performance of any of the provisions of this Agreement, or to exercise any of the rights or remedies
provided by this Agreement, or any delay in the exercise of any rights or remedies, shall not release
either Agreement from any of the responsibilities or obligations imposed by law or by this
Agreement, and shall not be deemed a waiver of any right of either Party to insist upon strict
performance of this Agreement.
XIII. INSTITUTIONAL REVIEW PROCESS. Prior to the use of the PSTF, User Agency shall
deliver to the City written descriptions of the User Agency's training program and intended uses
and activities, including without limitation, special devices used in the training experience.
User Agency agrees that the City may request intended activities not be undertaken, in the
City's discretion. The City's failure to object to any activities so disclosed shall not constitute
negligence on the part of the City under any circumstances, and User Agency shall remain fully
responsible for the safe conduct of all such activities. User Agency hereby acknowledges and
agrees that no explosive
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