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shall be during the scheduled working hours of said employees, and not at other times, nor for
<br />other purposes. The limit of thirty employees shall not mean per day, but rather that Southhold
<br />may designate a total of not more than thirty employees having such parking privileges, not all of
<br />whom may be parking at the same time. Said employees will not have specific reserved spaces,
<br />but shall park in a separate geographic area of the parking lot as shown in Exhibit A to this
<br />Agreement.
<br />2. List of Users. Prior to Southhold's implementation of this Agreement, Southhold
<br />shall provide to CC Board's designated site Director a list of the names of each and all
<br />employee -users along with the year, make, model, and license plate number of each employee's
<br />vehicle, and Southhold shall update that list regularly and promptly provide it to the CC Board's
<br />designee whenever a change in the required information occurs.
<br />3. Major Event Exception. It is acknowledged and understood by Southhold that
<br />during times when Century Center is the site of a "major event," the parking privilege and use
<br />under this Agreement is prohibited and shall not be exercised by Southhold's designated
<br />employees or by any other Southhold-affiliated person, unless the employee is participating in
<br />or attending the major event as a member of the public or invited guest; is not working for
<br />Southhold at the time of attendance; and pays the customary parking fee charged to the public, if
<br />any. A major event includes any activity involving a large attendance expected to use all or most
<br />of the Century Center parking lot. By way of example only, these may include a trade show,
<br />large banquet, wedding reception, a performance, a community -wide lecture, Martin Luther King
<br />Day activities, and other. The CC Board's designated Director shall provide Southhold with as
<br />much advance notice as possible of such event, and at least twenty-four (24) hours. It is
<br />estimated that there will be at least fifteen (15) such events per year, but probably not more than
<br />twenty-five (25).
<br />4. Release and Indemnification. In consideration for authorization and approval by
<br />the Commission for Southhold's employees to enter upon and use the Parking Lot for that
<br />purpose, Southhold hereby agrees and undertakes to hold the Civil City of South Bend, Indiana,
<br />the South Bend Board of Public Works, and the Civic Center Board of Managers, the agents,
<br />contractors, employees, successors and assigns of each, free and harmless from any liability,
<br />loss, costs, damages or expenses, including attorney's fees, which the Civil City of South Bend,
<br />the South Bend Board of Public Works , and/or the Civic Center Board of Managers may suffer
<br />or incur, as a result of any claims or actions which may be brought by any person or entity
<br />arising out of the matters approved and granted herein by the BPW. If any action is brought
<br />against the City of South Bend, the South Bend Board of Public Works, or the Civic Center
<br />Board of Managers, the agents, contractors, employees, successors -and assigns of each, because
<br />of the parking by Southhold's employees, the undersigned agrees to defend such action or
<br />proceedings at its own expense and to pay any judgment rendered therein.
<br />5. Southhold's Consideration. In further consideration for Southhold's use of the
<br />*.*CC.Marriott Employee Parking Agrmt. final 2
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