Memorandum of Understanding - South Bend Civic Theater Inc - Temporary Alley Closure

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b. The 2019 dates and times are as follows: i. May 31, 2019 - Foegley Plaza Ribbon Cutting (10:00 am -Noon) ii. June 1, 2019 - Foegley Plaza Open House (9:30 am — 2:30 pm) iii. July 5, 2019 - First Friday Film at Foegley (9:00 pm — Midnight) iv. July 12, 2019 - Opening Night Reception for Oliver (6:00 pm —10:00 pm) V. August 17, 2019 - Art Beat After Party (6:00 pm — 10:00 pm) vi. September 6, 13, 20 and 27 - Foegley Fridays - Red Table Plaza (11:00 am — 2 pm) vii. June 10, 2019 — August 02, 2019 - Eight Week Summer Camp (9:00 am — 3:30 pm), M-F, with the exception of the July 4, 2019 holiday week (set up will take place after Medical Foundation traffic (8 am — 5 pm) arrives daily and before the traffic needs to leave each day during the camps. Agrees to talk to neighbors and the Medical Foundation prior to closure for summer camps. d. Agrees to put up and take down temporary bollards per the agreed upon dates and times, subject to the City's absolute right to revisit approval of closure for summer camps, if warranted complaints received. e. Agrees to add the City as an additional insured to Civic Theatre's Commercial General Liability policy, providing the City with a Certificate of Insurance, evidencing the same, no later than 15 days from the effective date of this MOU. f. Agrees to promptly return the City Bollards to the City upon termination of expiration of this MOU. 4. Indena irfica ode of the City. The Civic Theatre hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the actions or performance of the Civic Theatre under this MOU and from all costs and attorney fees in connection therewith, excepting claims arising solely out of the negligence of the City, its officials, directors, employees and agents. The obligations under this section shall survive the termination of this MOU. 5. Terniingtion or Mo dldcatiodi ky tl""' . The City shall have the absolute and final right to terminate or modify the times and dates of Alley closure under this MOU in the event the Civic Theatre fails to comply with any of the terms of this MOU. The City's right of termination or modification shall be subject to providing the Civic Theatre with five (5) days prior notice. The City shall have the right to terminate this MOU for convenience by providing the Civic Theatre with thirty (30) days prior written notice. 6 'ferniiiiatioti by the Civic Theatre. The Civic Theatre may terminate this agreement for convenience by providing the City with prior written notice. 2