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4. Damage. In the event that Licensee damages any portion of the License Area or
<br />Property or the improvements or equipment therein, Licensee shall immediately repair the
<br />damage. Alternatively, the City may, at its election, repair the damage in which case Licensee
<br />shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from
<br />City.
<br />5. Licensee Parties. Licensee, together with its employees, agents, representatives,
<br />and all persons entering the License Area and any other portion of the Property, by or through or
<br />at the direction of Licensee, are collectively referred to herein as the "Licensee Parties."
<br />Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to
<br />comply with the terns 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
<br />characteristics and conditions of the License Area. Licensee acknowledges and agrees that the
<br />use of the License Area will be on the basis of Licensee's own investigation of the condition of
<br />the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH
<br />ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by
<br />operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts,
<br />any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of
<br />the License Area shall be subject to the License Area being in a usable and safe condition at the
<br />time of Licensee's use and Licensee shall be responsible for determining whether the License
<br />Area is in such condition, ht connection therewith, in the event that the License Area or access
<br />thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or
<br />limited, City shall have no obligation or duty to repair the damage or rectify the condition to
<br />make the License Area usable or safe.
<br />8. Commercial General Liability Insurance, Licensee shall maintain commercial
<br />general liability insurance which shall include, but not be limited to, protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Licensee Parties use of the license
<br />area, including, without limitation, acts involving vehicles. The amounts of insurance shall be
<br />not less than the following: single limit coverage applying to bodily and personal injury,
<br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence and in the aggregate. Such insurance shall (a) name the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s); (b) be primary and not
<br />contributory with respect to insurance or self - insurance programs maintained by the City; and (c)
<br />91 Indemnity. Licensee shall indemnify, defend, and hold hannless City, and its
<br />respective agents, representatives; employees, subsidiaries and affiliates ( "Covered Parties ")
<br />from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or
<br />liabilities, injuries and damages to persons and property, including death, arising out of or related
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