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2. The Company hereby agrees and undertakes to hold the City, and the BPW, its
<br />agents, officers, employees, successors and assigns of each, free and harmless from any liability,
<br />loss, costs, damages or expenses, including attorney's fees, which the City or the BPW may
<br />suffer or incur, as a result of any claims or actions which may be brought by any person or entity
<br />arising out of the approval granted herein this Agreement by BPW. If any action is brought
<br />against the City or BPW, its agents, officers, employees, successors and assigns of each, because
<br />of the aforementioned temporary access to the Property or Improvement, the undersigned agrees
<br />to defend such action or proceedings at its own expense and to pay any judgment rendered
<br />therein.
<br />3. The rights granted under this Agreement are temporary and can be revoked for
<br />any reason by BPW upon thirty (30) day written notice.
<br />4. To the extent that any portion of the Property is disturbed in connection with the
<br />exercises of the privileges granted under this Agreement, Company shall restore the Property to
<br />the same condition in which it was immediately prior to such disturbance to the satisfaction of
<br />BPW upon BPW's request.
<br />5. Company understands and agrees that it will secure in its own name and at its
<br />own expense all necessary permits and authorizations needed in order to construct the
<br />Improvement. Company shall not, without the prior written consent of BPW, cause or permit,
<br />knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used,
<br />discharged, leaked or emitted in or about, or treated at the Property.
<br />6. Company understands and agrees that it will, at its own expense, observe and
<br />comply with all present and future statutes, laws, ordinances, requirements, orders, rules and
<br />regulations of all governmental authorities.
<br />7. Company, at its expense, shall maintain during the term of this Agreement,
<br />commercial general liability insurance on the Property covering Company as the named insured
<br />and identifying the City and the BPW as an "additional insured" with terms satisfactory to the
<br />City and with companies qualified to do business in the State of Indiana, for limits of not less
<br />than $300,000.00 for bodily injury, including death resulting therefrom, and personal injury for
<br />any one (1) person in any one (1) occurrence, $1,000,000.00 for such injuries for all persons for
<br />any one (1) occurrence, $300,000.00 property damage insurance, or a combined single limit in
<br />the amount of $1,000,000.00. Notwithstanding the foregoing, Company shall, at all times,
<br />maintain said general liability insurance naming the City and BPW as an "additional insured" for
<br />bodily injury, including death resulting thereform and personal injury with limits sufficient to
<br />cover the City or BPW's exposure to liability for said injuries, which amounts are set forth at
<br />Indiana Code § 34-13-3-4, as the same may be amended, superseded or recodifred from time to
<br />time.
<br />8. The undersigned person(s) signing on behalf of his/her respective Parties certify
<br />that he/she is duly authorized to bind his/her respective party to the terms hereof.
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