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1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and
<br />Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the
<br />exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities
<br />caused by its use of the Facilities.
<br />1.10 City's Right of Suspension, Termination. City reserves the right to suspend all activities
<br />or terminate this Agreement upon Licensee' non - compliance with any of the teens or conditions of this
<br />Agreement. Such suspension or termination shall be effective immediately.
<br />1.11 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense,
<br />conduct and cause to be conducted all activities on the Facilities in compliance with all laws, regulations,
<br />codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the
<br />contemplation of the parties.
<br />1.12 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its
<br />respective agents, representatives, employees, subsidiaries and affiliates ( "Covered Parties ") from and
<br />against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and
<br />damages to persons and property, including death, arising out of or related to Licensee's use of the
<br />License Area, the entry by any Licensee Party on the License Area or any portion of the Property or
<br />surrounding property, or Licensee's breach or default in the performance of any of its obligations under
<br />this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties
<br />from any claims arising 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 claim, Licensee, upon
<br />receipt of written notice from Covered, shall defend the same at Licensee's expense with legal counsel
<br />reasonably acceptable to Covered. Payment shall not be a condition precedent to recovery under any
<br />indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a
<br />condition precedent to the duty to defend. The provisions of this Section 1.11 shall survive the
<br />termination or expiration of this Agreement.
<br />1.13 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 bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Licensee's use of the license area, including, without limitation, acts involving
<br />vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total amount
<br />of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City,
<br />its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not contributory with respect to insurance or self- insurance programs maintained by the City; and (c)
<br />contain standard separation of insured's provisions.
<br />1.13 Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this
<br />Agreement, Licensee shall furnish to City certificates of insurance and additional insured endorsements to
<br />each of Licensee's insurance policies, evidencing the foregoing insurance coverages as required by this
<br />Agreement. See Exhibit B for form of Additional Insured Endorsement. These certificates shall:
<br />a. provide the name and policy number of each carrier and policy;
<br />b. shall state that the policy is currently in force; and
<br />C. shall promise to provide that such policies will not be canceled, suspended, voided,
<br />reduced in coverage or in limits, or modified without thirty (30) days prior written notice
<br />of City; and
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