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representatives, employees, subsidiaries and affiliates ("Covered Parties") from
<br /> and against any and all actions, suits, claims,demands,judgments,losses, expenses,
<br /> or liabilities, injuries and damages to persons and property, including death, arising
<br /> out of or related to its breach or default in the performance of any of its obligations
<br /> under this Agreement; provided, however, that Bowers will not be obligated to
<br /> indemnify the Covered Parties from any claims arising solely from the gross
<br /> negligence or willful misconduct of a Covered Party. If any action or proceeding is
<br /> brought against any Covered Party by reason of any such claim, Bowers, upon
<br /> receipt of written notice from Covered Party, shall defend the same and a finding of
<br /> liability or an obligation to indemnify shall not be a condition precedent to the duty
<br /> to defend.
<br /> B. City shall indemnify, defend, and hold harmless Bowers, and its respective agents,
<br /> representatives, employees, subsidiaries and affiliates ("Covered Parties") from
<br /> and against any and all actions, suits, claims, demands,judgments,losses, expenses,
<br /> or liabilities, injuries and damages to persons and property, including death, arising
<br /> out of or related to City's use of the Licensed Area, the entry by any Licensee Party
<br /> on the Licensed Area or surrounding property, or Bower's breach or default in the
<br /> performance of any of its obligations under this Agreement;provided,however,that
<br /> City will not be obligated to indemnify the Covered Parties from any claims arising
<br /> solely from the gross negligence or willful misconduct of a Covered Party. If any
<br /> action or proceeding is brought against any Covered Party by reason of any such
<br /> claim, City, upon receipt of written notice from Covered Party, shall defend the
<br /> same and a finding of liability or an obligation to indemnify shall not be a condition
<br /> precedent to the duty to defend.
<br /> C. The provisions of this Section shall survive the termination or expiration of this
<br /> Agreement.
<br /> 15. DAMAGE OR DESTRUCTION.
<br /> Bowers has no obligation to reimburse City for the loss of or damage to fixtures,
<br /> equipment or other personal property of City, except if such loss or damage is caused by
<br /> the negligence or fault of Bowers or its officers, employees or agents.
<br /> 16. SURRENDER OF POSSESSION.
<br /> Upon the expiration or termination of this Agreement, City's right to occupy the Licensed
<br /> Area and to exercise the privileges and rights granted by this Agreement shall cease, and
<br /> it shall remove the Marquee and restore the surface of the License Area to its original
<br /> condition. Unless otherwise provided herein, all trade fixtures, equipment, and other
<br /> personal property installed or placed by City on the Licensed Area remain the property
<br /> of City, and City may, at any time during the term of this Agreement, and for an
<br /> additional period of 90 days after its expiration, remove the same from the Licensed
<br /> Area.
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