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Agmt12 Bair Island Aquatic Center, Inc
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Agmt12 Bair Island Aquatic Center, Inc
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Last modified
9/3/2015 12:49:28 PM
Creation date
7/30/2012 11:22:41 AM
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Template:
Agreement
Contractor Name
Bair Island Aquatic Center
PROJECT NAME
License Agmt
RMP File Number
304
Date
3/6/2012
MO Ref
12-046
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Exhibit C <br /> of damage or loss to property or injury or death to any such person arising on the License <br /> Area or out of the Activities conducted on the License Area. The provisions of this <br /> Section 8 shall survive the termination of this Agreement. <br /> 9. Liens. BIAC shall not permit any mechanic's or material men's liens, stop <br /> notices or other liens(collectively"Liens")to be filed against the License Area or the <br /> Property by reason of labor or materials furnished to the License Area at BIAC's instance <br /> or request. If any such liens are filed against the License Area,BIAC shall cause the <br /> same to be discharged of record,either by payment of the claim or by posting and <br /> recording the bond contemplated by the California Civil Code Section 3143,within 20 <br /> days after demand by City. BIAC shall indemnify,hold harmless,and defend the City <br /> and the City Indemnified Parties from and against any Claims relating to such liens. <br /> 10. Security. BIAC hereby acknowledges that the City shall have no <br /> obligation whatsoever to provide security for the License Area. BIAC assumes all <br /> responsibility for the protection of BIAC,its agents and invitees from acts of third <br /> parties,and shall indemnify,defend,and hold harmless the City for claims related to <br /> failure to provide security. <br /> 11. Hazardous Materials. BIAC shall not use,store,transport,handle or <br /> dispose of any Hazardous Materials on or about the License Area. "Hazardous <br /> Materials"shall mean any material or substance that is now or hereinafter designated by <br /> any applicable governmental authority to be, or regulated by any applicable governmental <br /> authority as,radioactive,toxic,hazardous or otherwise a danger to health,reproduction or <br /> the environment. BIAC shall indemnify,defend,and hold the City and the City <br /> Indemnified Parties harmless from any Claims incurred or suffered by the City or the <br /> City Indemnified Parties arising from BIAC's bringing,allowing,using,permitting, <br /> generating,creating,emitting,storing,or disposing of Hazardous Materials on or about <br /> the License Area or the Property. <br /> 12. Compliance. At its sole cost and expense,BIAC shall comply and cause <br /> all BIAC Parties to comply with all laws,statutes,ordinances,requirements,policies and <br /> standards of the City and all other governmental authorities. BIAC shall not create or <br /> permit any unsafe conditions upon the License Area,shall promptly report to the City the <br /> discovery of any unsafe conditions,and shall take all actions necessary to correct any <br /> unsafe conditions. BIAC shall erect and maintain as required by existing conditions all <br /> reasonable safeguards for safety and protection,including posting danger signs, <br /> barricades,and other warnings as necessary or appropriate with respect to hazards on or <br /> about the License Area. BIAC shall comply with all laws,statutes,ordinances,and <br /> governmental rules,regulations,oI requirements and with good and safe practices in <br /> connection with its use of the License Area. <br /> 13. Alcohol and Controlled Substances. BIAC shall not permit the use of <br /> alcoholic beverages or controlled substances on the License Area. <br /> 14. Rules and Regulations. The City reserves the right to adopt rules and <br /> regulations governing the use of the License Area and the Property(the"Rules and <br /> s1AC License 6.11.09 v2 3 <br /> Page 19 of 31 <br />
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