Temporary Use Agreement - Near Northwest Neighborhood, Inc.

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times be solely responsible for the safety and security of all persons on the Propel -ties and any property the Licensee uses or stores on the Properties in connection with the Activity. 4. The Licensee shall not, without the prior written consent of the City, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Properties. S. The Licensee understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to conduct the Activity. 6. The Licensee understands and agrees that it will, at its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Activity conducted on the Properties. 7. The City reserves the right to use the Properties during the term of this Agreement for any purpose that does not substantially interfere with or obstruct the Licensee's permitted use of the Properties in accordance with the Activity Proposal and the other terms of this Agreement. 8. To the extent that any portion of the Properties is disturbed or damaged in connection with the Licensee's use of the Properties, the Licensee, at the Licensee's sole expense, shall restore the Properties to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the City. 9. The Licensee agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, assigns, and licensees harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of the approval granted herein by the City or the Licensee's use of the Properties. If any action is brought against the City, or its agents, employees, successors, or assigns, in connection with the Activity, the Licensee agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 10. The Licensee, at the Licensee's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Licensee and the Activity in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The Licensee agrees to include the City as an additional insured on any such policy and produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the Licensee's use of the Property, the Licensee hereby grants the City first priority on any proceeds received from the Licensee's insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 11. Each undersigned person signing on behalf of his/her respective Party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. CLARA MCDANIELS j