|
<br />4.
<br />
<br />ORDINANCES AND STATUES. Licensee shall comply with all statues,
<br />ordinances, and requirements of all municipal, state and federal authorities now
<br />in force, or which may hereafter be in force, pertaining to the Licensed Area, or
<br />occasioned by or affecting the use thereof.
<br />
<br />5.
<br />
<br />ASSIGNMENT AND OCCUPANCY. Licensee shall not assign all or any portion
<br />of this License or allow any other party to occupy any portion of the Licensed
<br />Area. Any such assignment or occupancy will terminate this License.
<br />
<br />6.
<br />
<br />UTILITIES. Licensor shall furnish the Licensed Area with electricity during the
<br />hours that Permitted Persons are in the Licensed Area. Licensor shall also
<br />furnish heating, air conditioning and ventilation ("HV AC") in reasonable amounts,
<br />determined in Licensor's sole judgment, during toy sorting and wrapping
<br />days/hours only.
<br />
<br />7.
<br />
<br />ENTRY AND INSPECTION. Licensee acknowledges that the Licensed Area is
<br />not separately demised, and that the Licensed Area cannot be secured in its
<br />current condition, and Licensee hereby expressly assumes all risks (including all
<br />risks of loss) arising from such condition and releases Licensor from any liability
<br />resulting therefrom. Licensee shall not be provided with keys to the Licensed
<br />Area and shall be permitted to access the Licensed Area solely according to the
<br />following process and under no other circumstances: (a) Only such persons as
<br />are identified on Exhibit B attached hereto, or such other persons as may be
<br />identified in writing by one of the persons listed on Exhibit B attached hereto,
<br />shall be permitted to access the Licensed Area (all such persons being referred
<br />to herein as "Permitted Persons"); (b) In order to obtain access to the Licensed
<br />Area, any Permitted Person shall contact the on-site security staff and provide
<br />identification confirming that such person is a Permitted Person; and (c) Access
<br />to the Licensed Area shall only be permitted between 7:00 a.m. and 11 :00 p.m.,
<br />seven days a week. Licensor may enter the Licensed Area, the project or the
<br />building of which the Licensed Area is a part or any portion thereof, for any
<br />purpose as Licensor deems reasonably necessary or desirable, including,
<br />without limitation, to repair or maintain such areas; provided, however, that in no
<br />event shall Licensor shall have any obligation to enter such areas or to make any
<br />repairs to or maintain such areas.
<br />
<br />8.
<br />
<br />INDEMNIFICATION OF LICENSOR. Licensor shall not be liable to Licensee for,
<br />and Licensee hereby releases Licensor from and waives any such liability for,
<br />any bodily injury, death or property damage or loss of any kind, in or about the
<br />Licensed Area, the building or the project from any cause whatsoever. Licensee
<br />shall indemnify, defend by counsel satisfactory to Licensor, protect, and hold
<br />Licensor and Licensor's members, partners, officers, directors, employees and
<br />agents harmless from and against any claims, loss, liability, cause of action, cost
<br />or expense (including, without limitation, attorneys' fees) for bodily injury, death
<br />or property damage or loss of any kind (a) occurring in or about the Licensed
<br />Area from any cause whatsoever, except any such claim resulting solely from
<br />Licensor's gross negligence or willful misconduct, and (b) occurring elsewhere in
<br />the project resulting from or caused by the negligence or willful misconduct of
<br />Licensee, its employees, representatives, volunteers, agents, invitees or
<br />licensees.
<br />
<br />9. INSURANCE. Licensee, at its expense, shall maintain public liability insurance
<br />including bodily injury and property damage insuring the Licensee and Licensor
<br />with a minimum coverage as follows:
<br />PA/52172147.4
<br />
|