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Page 83
<br />Exhibit C
<br />4. Activities on the License Area. BIAC shall be entitled to enter upon and
<br />use the License Area for the storage of trailers and other personal property used in
<br />connection with the Aquatic Center (collectively, the "Actirâ–ºiti&). Except with the
<br />City's prior written consent, which may be withheld in its sole discretion, BIAC shall not
<br />make any alterations, additions, improvements or other changes (collectively referred to
<br />as "Alterationo on or with respect to the License Arca. Upon termination of this
<br />License, at the City's request BIAC shall remove such Alterations. No compensation
<br />shall be owed to BIAC in any event for any Alterations made by BIAC to the License
<br />Area The City, reserves the right to use the License Area in common with BIAC, as long
<br />as such use does not materially interfere with BIAC's permitted uses of the License Area
<br />5. Term of License. The term of the License shall begin on the
<br />Commencement Date and shall continue thereafter on a month-to-month basis. Either the
<br />City or BIAC may terminate the License by delivering written notice to the other party
<br />not less than thirty (30) days prior to the date of termination. In addition, whether or not
<br />notice of termination is given under this Agreement, the License shall terminate
<br />concurrently with the termination of the Lease. Notwithstanding the foregoing, the City
<br />may terminate the License without prior notice if event BIAC breaches any covenant or
<br />obligation in this Agreement.
<br />6. Condition of License Area. BIAC (a) has examined the License Area, is
<br />aware of its condition, and acknowledges that the City has made no warranty or
<br />representation with respect to same, (b) accepts the License Area in its present "as-&'
<br />condition, (c) agrees that License Area is in good condition and is suitable for BIAC's
<br />intended use, and (d) acknowledges that the City is relying on such acceptance and
<br />agreement as consideration for entering into this Agreement.
<br />7. Maintenance: Waste: Nuisance. BIAC shall maintain the License Area in
<br />clean, safe, and good order and condition. BIAC shall not use or permit the use of the
<br />License Area for storage of refuse, waste or debris. BIAC shall not use or occupy the
<br />License Area in any manner, nor shall BIAC suffer or permit the existence, maintenance,
<br />or commission of, any act, omission, or condition, that constitutes waste, nuisance, or
<br />permit any unlawful acts on or about the License Area.
<br />8. Indemnity. BIAC shall protect, defend, indemnify and hold harmless the
<br />City and its Council members, officers, employees, volunteers, boards, commissions,
<br />contractors, and agents (collectively, the "City Indemnfified Parties') from any and all
<br />actions, causes of action, claims, damages, losses, expenses (including reasonable
<br />attorney's fees and costs), and liabilities (collectively, "Claims") on account of damage
<br />of property or injury to or death of persons, including BIAC or BIAC's employees,
<br />agents, contractors, members, patrons, agents, customers, guests, visitors, or invitees
<br />("BIAC Parties'), or damage to property of any kind whatsoever and to whomsoever
<br />belonging to any person (including BIAC or the BIAC Parties), from any cause resulting
<br />from the operations of BIAC, and/or use of the License Area or any other City property
<br />by BIAC or any of the BIAC Parties and/or any other persons, except to the extent caused
<br />by the City's active negligence, sole negligence or willful misconduct The City and the
<br />City Indemnified Parties shall have no liability to BIAC or any BIAC Party as the result
<br />BIAC Liceme s. 1 x.09 v.x 2
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