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4. Damage. In the event that Licensee damages any portion of the License Area or Property
<br />or the improvements or equipment therein, Licensee shall immediately repair the damage. Alternatively,
<br />the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its
<br />cost within fifteen (15) days of receipt of written demand from City.
<br />5. Licensee Parties. Licensee, together with its employees, agents, representatives, and all
<br />persons entering the License Area and any other portion of the Property, by or through or at the direction
<br />of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible
<br />for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
<br />6. Fee. Licensee shall pay to City NO FEE for the use of the License Area.
<br />7. AS -IS Condition. City makes no representation or warranty of any kind as to the
<br />condition of the License Area or any other matter relating to Licensee's use of the License Area.
<br />Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and
<br />conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will
<br />be on the basis of Licensee's own investigation of the condition of the License Area. The license to use
<br />the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation
<br />or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which
<br />Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular
<br />purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable
<br />and safe condition at the time of Licensee's use and Licensee shall be responsible for determining
<br />whether the License Area is in such condition. In connection therewith, in the event that the License
<br />Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented
<br />or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the
<br />License Area usable or safe.
<br />8. Commercial General Liability Insurance. Licensee shall maintain commercial general
<br />liability insurance which shall include, but not be limited to, protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property, resulting from
<br />any act or occurrence arising out of Licensee Parties use of the license area, including, without limitation,
<br />acts involving vehicles. The amounts of insurance shall be not less than the following: single limit
<br />coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, volunteers and representatives as additional insured(s);
<br />(b) be primary and not contributory with respect to insurance or self - insurance programs maintained by
<br />the City; and (e) contain standard separation of insureds provisions.
<br />9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective
<br />agents, representatives, employees, subsidiaries and affiliates ( "Covered Parties ") from and against any
<br />and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
<br />persons and property, including death, arising out of or related to Licensee's use of the License Area, the
<br />entry by any Licensee Party on the License Area or any portion of the Property or surrounding property,
<br />or Licensee's breach or default in the performance of any of its obligations under this Agreement;
<br />provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims
<br />arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or
<br />proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of
<br />written notice from Covered, shall defend the same at Licensee's expense with legal counsel reasonably
<br />acceptable to Covered. Payment shall not be a condition precedent to recovery under any indemnification
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