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enter upon and use the Property in conducting the Activity, the Club hereby agrees and
<br />undertakes m hold the Civil City of South Bend, Indiana, and the South Bend Redevelopment
<br />Commission, the agents, contractors, employees, successors and assigns of each, free and
<br />harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which
<br />the Civil City of South Bend pr the South Bend Redevelopment Commission may suffer or incur,
<br />as a result of any claims or actions which may be brought by any person or entity arising out of
<br />the approval granted herein by the Commission. If any action is brought against the City of
<br />South Bcnd or the South Bend Redevelopment Commission, the agents, contractors, employees,
<br />successors and assigns of each, because of the aforcmcntioned Activity, 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 Club understands and agrees chat the right to use rrie Property granted under
<br />this agrcement are temporary and do not constitute either a lease or an interest in the Properly.
<br />The Club further understands and agrees that the rights granted under this Agreement shall
<br />terminate without further action by the Commission upon the earlier of (i) May 8, 2010 or (ii)
<br />delivery of written notice from the Commission to the Club in care of: Tim Janowiak, South
<br />Bend Fire Dept., South Bend, Indiana 46601.
<br />4. To the extent that any portion of the Praperry is disturbed in connection with the
<br />exercise of the privileges granted under this Agreement, the Club shall restore the Property to the
<br />same condition in which it was immediately prior to such disturbance to the satisfaction of the
<br />Commission.
<br />5. The Club understands and agrees that it will secure in its own name and at its own
<br />expense all necessary permits and authorizations needed in order to conduct the Activity. The
<br />Club shall not, without the prior written consent of the Commission, cause or permit, knowingly
<br />or unlrnowingly, any hazardous material to be brought or remain upon, kept, used, dischargod,
<br />leaked or emitted in or about, or treated at the Property.
<br />6. The Giub 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. The Club, at its expense, shall maintain during the term of this Agreement,
<br />commercial general liability insurance on the Property covering the Club as the named insured
<br />and identifying the City of South Bend, Indiana and the South Bend Redevelopment Commission
<br />as an "additional insured" with terms satisfactory to the Commission and with companies
<br />qualified to do business in the State of Indiana, for limits of not less than $700,000.00 for bodily
<br />injury, including death resulting therefrom, and personal injury' for any one (1) person in any one
<br />(1) occurrence, $5,000,000.00 for such injuries for all persons for any one (1) occun~cnce,
<br />$1,000,000.00 property damage insurance, or a combined single limit in the amount of
<br />$6,000,000.00. Notwithstanding the foregoing, the Club shall, at all times, maintain sand general
<br />liability insurance naming the City of South Band, Indiana and the South Sand Redevelopment
<br />Commission as an "additional insured" for bodily injury, including death resulting therefrom and
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