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<br />Parties agree that neither this Agreement nor any of the Company’s rights under this Agreement
<br />may be assigned, in whole or in part, to any other party without the Board’s prior written consent.
<br />4. Maintenance. At all times during the period of the license, the Company will keep
<br />the Property in good order and condition.
<br />5. Security. The Company understands and agrees that the Board shall not be liable
<br />for any loss, damage, destruction, or theft of the Equipment or any bodily harm or injury that may
<br />result from the Company’s use of the Property.
<br />6. Storage. The Company agrees that it will not cause or permit, knowingly or
<br />unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked,
<br />or emitted at or onto the Property.
<br />7. Regulations; Other Permits. The Company understands and agrees that it will, at
<br />its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements,
<br />orders, rules, and regulations of all governmental authorities in relation to its use of the Property.
<br />The Company understands and agrees that it will secure in its own name and at its own expense
<br />all other permits and authorizations, if any, necessary for its use of the Property in accordance with
<br />the terms of this Agreement.
<br />8. Board’s Use. The Board reserves the right to use the Property during the Term of
<br />this Agreement for any purpose that does not substantially interfere with or obstruct the
<br />Company’s license under this Agreement.
<br />9. Restoration. To the extent that any portion of the Property is disturbed or damaged
<br />in connection with the Company’s use of the Property, the Company, at the Company’s sole
<br />expense, shall restore the Property to the condition that existed immediately prior to such
<br />disturbance or damage to the satisfaction of the Board.
<br />10. Property Taxes. The Company will be responsible for the payment of all real
<br />property taxes and assessments, of any nature whatsoever (the “Taxes”), levied against the
<br />Property for all periods during the term of the Company’s license. The Board will have no liability
<br />for any Taxes associated with the Property, whether accruing during the term of the license or after
<br />the term of the license, and nothing in this Agreement will be construed to require the proration or
<br />other apportionment of Taxes resulting in the Board’s liability therefor.
<br />11. Indemnification. The Company agrees and undertakes to defend, indemnify, and
<br />hold harmless the City and the Board, and their respective officials, employees, agents, successors,
<br />and assigns, from and against any liability, loss, costs, damages, or expenses, including attorneys’
<br />fees, which the City or the Board may suffer or incur as a result of any claims or actions which
<br />may be brought by any person or entity arising out of the license granted herein by the Board or
<br />the Company’s use of the Property. If any action is brought against the City or the Board, or their
<br />respective officials, employees, agents, successors, and assigns, in connection with the Company’s
<br />use of the Property, the Company agrees to defend such action or proceedings at its own expense
<br />and to pay any judgment rendered therein.
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