2
<br />Property. The Organizer understands and agrees that it will at all times be solely responsible for
<br />the safety and security of all persons on the Property and any property the Organizer uses or stores
<br />on the Property in connection with the Activity. As a condition for use of the Property, the
<br />Organizer shall be required to contract with City’s designated security provider, Invictus, or
<br />another security provider approved by City in advance in writing. Security personnel shall be
<br />required to check identification for all persons entering the Activity through any entrance of the
<br />Garage.
<br />4. The Organizer shall not, without the prior written consent of the BPW, cause or
<br />permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept,
<br />used, discharged, leaked, or emitted at the Property.
<br />5. The Organizer understands and agrees that it will secure in its own name and at its
<br />own expense all necessary permits and authorizations, including but not limited to any permits
<br />and authorizations required for alcohol service, needed in order to conduct the Activity.
<br />6. The Organizer understands and agrees that it will, at its own expense, observe and
<br />comply with all applicable statutes, laws, ordinances, requirements, orders, rules, guidelines, and
<br />regulations of all relevant governmental authorities in relation to the Activity conducted on the
<br />Property.
<br />7. The City and BPW reserve the right to use the Property during the term of this
<br />Agreement for any purpose that does not substantially interfere with or obstruct the Organizer’s
<br />permitted use of the Property in accordance with the Activity Proposal and the other terms of this
<br />Agreement.
<br />8. To the extent that any portion of the Property is disturbed or damaged in connection
<br />with the Organizer’s use of the Property, the Organizer, at the Organizer’s sole expense, shall
<br />restore the Property to the condition that existed immediately prior to such disturbance or damage
<br />to the satisfaction of the City.
<br />9. The Organizer agrees and undertakes to indemnify, defend, and hold the City,
<br />BPW, and their respective agents, employees, successors, assigns, and licensees harmless from
<br />any liability, loss, costs, damages or expenses, including attorneys’ fees, which the City, BPW,
<br />and their respective agents, employees, successors, assigns, and licensees may suffer or incur as
<br />a result of any claims or actions which may be brought by any person or entity arising o ut of the
<br />approval granted herein by the BPW or the Organizer’s use of the Property. If any action is
<br />brought against the City, BPW and their respective agents, employees, successors, assigns, and
<br />licensees, in connection with the Activity, the Organizer agrees to defend such action or
<br />proceedings at its own expense and to pay any judgment rendered therein.
<br />10. The Organizer, at the Organizer’s sole expense, shall maintain during the term of
<br />this Agreement commercial general liability insurance covering the Organizer and the Activity in
<br />an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The Organizer
<br />agrees to include BPW and the City as additional insureds on any such policy and produce to
<br />BPW, or its representative, a certificate of insurance evidencing the same. To the extent that
<br />BPW or the City is harmed as a result of the Organizer’s use of the Property, the Organizer hereby
<br />DocuSign Envelope ID: E33FFBF4-B1D4-44ED-AC96-9B12D65EBB9F
|