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connection with the operation of the Developer Property (the “Use”). The Developer understands and <br />agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied <br />with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all <br />governmental authorities in relation to the Use. The Developer shall further be responsible for any costs <br />associated with the Use, including procuring, maintaining, or dumping the dumpster, and will ensure that <br />the dumpster is placed in a location on the Commission Property that will not disrupt Commission <br />operations. The Developer understands and agrees that it is fully responsible for the Use, and represents <br />and warrants that the Use will not result in any hazardous materials, knowingly or unknowingly, entering <br />any portion of the Commission Property. For purpose of this Agreement, “hazardous materials” shall <br />mean any waste which is listed, has the characteristics of, or is otherwise identified as a hazardous waste <br />or subject waste under applicable state or federal laws or regulations. The Developer further agrees that <br />it may not construct or install any permanent improvement of any kind or description on the Commission <br />Property without the Commission’s prior consent in writing. <br />5.Restoration. In the event the Developer (or any of the Developer’s licensees or invitees) <br />disturbs or damages any part of the Commission Property, the Developer will promptly restore such area(s) <br />to substantially the same condition that existed immediately prior to such disturbance or damage, to the <br />Commission’s satisfaction. <br />6.Security. The Developer understands and agrees that the Commission shall not be liable <br />for any loss, damage, destruction, or theft of any of the Developer’s personal property, or any bodily harm <br />or injury that may result from the Developer’s use of the Commission Property. <br />7.Indemnification. The Developer will indemnify and hold the Commission (and its <br />officials, boards, employees, agents, and contractors) harmless from and against any and all claims, costs, <br />damages, and liabilities of any kind resulting from damage or injury to any person or property upon the <br />Commission Property, the Developer’s use of the Commission Property under the License, or otherwise <br />in connection with this Agreement. If any action is brought against the Commission (or its officials, <br />boards, employees, agents, or contractors) in connection with the Developer’s use of the Commission <br />Property, the Developer agrees to defend such action or proceedings at its own expense and to pay any <br />judgment rendered therein. <br />8. Insurance. The Developer will maintain commercial general liability insurance coverage <br />in the minimum amount of at least One Million Dollars ($1,000,000.00) per occurrence and will designate <br />the City as an additional named insured under any such policy of insurance. Promptly following the <br />Effective Date of this Agreement, the Developer will produce to the City a certificate of insurance <br />evidencing the same. <br />9.Reservation of Rights. The Commission reserves for itself the free use of the Commission <br />Property in any manner that does not substantially interfere with or obstruct the Developer’s license under <br />this Agreement. <br />10.Interpretation; Governing Law. Both Parties having participated fully and equally in the <br />negotiation and preparation of this Agreement, this Agreement will not be more strictly construed, nor <br />will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement <br />will be governed and construed in accordance with the laws of the State of Indiana.