Agmt12 Bair Island Aquatic Center, Inc.

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� Ezhibit C � of datnage or loss to property or injury or death to any such pe[son arising on the Licensc Area or out of the Activities conducted on the License Area. 'IYie }�'ovisions of ttris Secrion 8 shall s�vive the teimination of Uus Agreement 9. Lie�. BIAC shall �t permit any mechanic's or material men's liens, stop notices or other liens (collecrively "Lie�'� to be filed against the License Area or the Property by reason of labor or materials fumished to the Licen.qe Area at BIAC's instance or request. If any such liens are Sled against the License Area, BIAC shall cau.ge the same to be dischazged of �ecord, either by payment of the claim or by posting and recording the bond contemplated by tbe Califomia Civil Code Section 3143, within 20 days after demand by City. BIAC shall indemnify, hold harmless, and �fend the City and the City Indemni5ed Parties from and aga�� any Claims relating to sucL liens. 10. Sec�i . BIAC hereby acknowledges that the City shall have no obligation whatsoever to provide sacurity for the Lic�nse Area BIAC A��Q all ' responsibility for the protection of BIAC, its ageots and invitees from acts of third pazties, and shell indemnify, defend, and hold harmless the City for claims related to , failure to provide security. I 11. Ha�ardous Matetisls. BIAC shall not use, store, transport, handle or dispose of any Ha�ardous Materials on or about the License Area "Hazardoue Materials" shall mean any material or substance that is now or hereinafter designated by azry applicable govemmental suthority to be, or regulated by any applicable govemmentai audwrity as, radioactive, toxic, hazardous or otherwisc 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 incwred or suffered by the City or the City Indemnified Parties arisiag from B1AC's btin8u►8� ��5> �nB� P��B> generating, creating, emitting, storing, or disposing of Ha�ardous Materials on or about the License Area or the Property. 12. Comvliance. 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 ather govemmental suthorities. BIAC shall not create or permit any imsafe conditions upon the License Area, shall promptly report to the City the discovery of atry tmsafe wnditions, and shall take all actions necessary to cornct any unsafe conditions. BIAC shall erect and mainffiin as required by e�cisting conditions all reasonable safeguazds for safety and protection, including posting danger signs, barricades, and other wamings as necessary or appropriate with respect to hazazds on or about the License Area BIAC shall comply with all laws, statutes, ondinances, and governmental rules, regulations, or requiiements 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 substanccs on the License Area. 14. Rules and Reaulations. The City reserves Uie right to adopt niles and regulations govenvng the use of the License Area �d the Prnperty (the "Ralea nnd BUC Licrnu 6.11.09 v2 3 � � Page 19 of 31