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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 "Activities "). 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 "Alterations ") on or with respect to the License Area. 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-is"
<br /> condition, '
<br /> t , c (c) 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 Indemnified 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 License 6.11.09 v.2 2
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