Agmt09 Bair Island Aquatic Center, Inc. (BIAC)

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of damage or loss to property or injury or death to any such person arising on the License Area or out of the Activities conducted on the License Area. The provisions of this Section 8 shall survive the termination of this Agreement. 9. Liens. BIAC shall not permit any mechanic's or material men's liens, stop notices or other liens (collectively "Liens ") to be filed against the License Area or the Property by reason of labor or materials furnished to the License Area at BIAC's instance or request. If any such liens are filed against the License Area, BIAC shall cause the same to be discharged of record, either by payment of the claim or by posting and recording the bond contemplated by the California Civil Code Section 3143, within 20 days after demand by City. BIAC shall indemnify, hold harmless, and defend the City and the City Indemnified Parties from and against any Claims relating to such liens. 10. Security. BIAC hereby acknowledges that the City shall have no obligation whatsoever to provide security for the License Area. BIAC assumes all responsibility for the protection of BIAC, its agents and invitees from acts of third parties, and shall indemnify, defend, and hold harmless the City for claims related to failure to provide security. 11. Hazardous Materials. BIAC shall not use, store, transport, handle or dispose of any Hazardous Materials on or about the License Area. "Hazardous Materials" shall mean any material or substance that is now or hereinafter designated by any applicable governmental authority to be, or regulated by any applicable governmental authority as, radioactive, toxic, hazardous or otherwise a danger to health, reproduction or the environment. BIAC shall indemnify, defend, and hold the City and the City Indemnified Parties harmless from any Claims incurred or suffered by the City or the City Indemnified Parties arising from BIAC's bringing, allowing, using, permitting, generating, creating, emitting, storing, or disposing of Hazardous Materials on or about the License Area or the Property. 12. Compliance. At its sole cost and expense, BIAC shall comply and cause all BIAC Parties to comply with all laws, statutes, ordinances, requirements, policies and standards of the City and all other governmental authorities. BIAC shall not create or permit any unsafe conditions upon the License Area, shall promptly report to the City the discovery of any unsafe conditions, and shall take all actions necessary to correct any unsafe conditions. BIAC shall erect and maintain as required by existing conditions all reasonable safeguards for safety and protection, including posting danger signs, barricades, and other warnings as necessary or appropriate with respect to hazards on or about the License Area. BIAC shall comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements and with good and safe practices in connection with its use of the License Area. 13. Alcohol and Controlled Substances. BIAC shall not permit the use of alcoholic beverages or controlled substances on the License Area. 14. Rules and Regulations. The City reserves the right to adopt rules and regulations governing the use of the License Area and the Property (the "Rules and BIAC License 6.11.09 v2 3