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Exhibit C
<br /> 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, (c)agrees 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 6.1 1.09 v.x 2
<br /> Page 18 of 31
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