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� Exhibit C
<br /> � 4. Activides on tbe License Area. BIAC sl�all be entitled to enter upon and
<br /> use the License Area for the storage of hailels and other personal property used in
<br /> connection with the Aquatic Center (collectively, the "Aclivitiea'�. Except with the
<br /> City's �ior written consent, wirich may be withheld in its sole discretion, BIAC shall not
<br /> meke any akeiations, additions, improvements or other changes (collectiveiy referred to
<br /> as "Alterations'� on or with respect W the Liccnse Area. Upon teimination of ttris
<br /> License, at the City's request BIAC shell remove such Altaauons. No compeasation
<br /> shall be owed to BIAC in any event for aay Alterations made by BIAC to the License
<br /> Area The City reserves the right to use the License Area in oommon with BIAC, as long
<br /> as such use does not materially interfere with BIAC's pecmitted uses of the License Area.
<br /> 5. Term of License. The term of tbe License shall begin on the
<br /> Commencement Date and shall continue thereafter on a mo�h-to-month basis. Either the
<br /> City or BIAC may terminate the License by delivering written notice to the ot� party
<br /> � not less than thirty (30) days prior to the date of teimination In addition, whether or not
<br /> notice of termination is giv� under this Agreement, the License shall terminate _
<br /> concurrently with the termination of the I.ease. Notwitbstanding tl�e foregoing, the City
<br /> i may terminate the License without prior notice if event BIAC bresches any covenant or
<br /> , obligation ia tkus Ageement
<br /> � 6. Condition of Licea9e Area. BIAC (a) Las examined the License Area, is
<br /> I aware of its condition, and achwwledges that the City has made no warranty or
<br /> representalion with resPect to same, (b) accePts the License Area in its present ••as_is"
<br /> condition, (c) agrees that License Atea is in good condition and is suitable for BIAC's
<br /> intended use, and (d) aclmowledges that the City is relying on such acceptance and
<br /> agreement as conside:stion for entering into this Agncement.
<br /> , 7. Maintenance: Waste: Nuisance. BIAC shall maintain the License Area in
<br /> I clean, safe, and good order and condition. BIAC shall not use or peimit the use of the
<br /> �i� License Area for stoiage of refuse, waste or debris. BIAC shall �t use or occupy the
<br /> License Area in any manner, nor shall BIAC suffer or pernut the existence, maintenance,
<br /> or commission of, any act, oarission, or candition, that constitutes waste, nuisancc, or
<br /> permit any unlawful acts on or about the License Area
<br /> 8. ��ri. BIAC shall protect, defend, indemnify and hold hamiless the
<br /> City and its Council members, officers, employees, volimtcets, boards, commissions,
<br /> contractors, and agents (collxlively, the "City Iedemni5ed Parties'� from azry and all
<br /> actions, causes of action, claims, damages, losses, expenses (including rea�onable
<br /> attorney's fees a�d costs), and liabili6es (collectively, "Claims'� on account of damage
<br /> of pmperty or injury to or death of persons, including BIAC or BIAC's employees,
<br /> agents, contractors, members, Petrons, aSeMs, custom�s, guesfs, visiWrs, or invitees
<br /> ("BIAC Partiea'�, or damage to pmperty of any kind whatsoever and to whomsoever
<br /> belonging to any person (including BIAC or the BIAC Parties), fiom any cause resulting
<br /> &nm the operatioas of BIAC, and/or use of the License Area or any other City pmperty
<br /> by BIAC or any of the BIAC Pmiies and/or any other persons, except W tbe extent caused
<br /> by the City's active negligence, sole negligence or wiilful misconduct The City and the
<br /> City IndemniSed Pazties shall have no liability to BIAC or any BIAC Party as the result
<br /> suc �� s. i i.o9 .s 2 G �
<br /> Page 18 of 31
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