Orange County NC Website
11 <br />attributable to HYAA activity, shall be reconciled. The County will notify HYAA of any such <br />damage, implement repairs, and bill HYAA for reimbursement. HYAA shall notify the County <br />of any disputed charges within 10 business days of receipt of invoice. Payment shall be made <br />within 30 days of receipt. It is expected that resolution to any damages will be addressed prior to <br />first reservation date of the next playing season. However, the County reserves the right to <br />temporarily restrict HYAA’s access to the fields until payment is received. <br /> <br />SECTION SEVEN <br />INSURANCE& GENERAL RELEASE <br /> HYAA shall obtain, at its sole expense, general liability insurance insuring against any <br />and all losses at the Cedar Grove and Fairview Park ball fields as described herein during <br />HYAA’s use thereof. This policy shall provide coverage in the amount of no less than One <br />Million Dollars ($1,000,000). Insurance policies shall be (1) endorsed to show Orange County <br />as additional insured, as their interests may appear and (2) a copy provided to the County by <br />HYAA. <br /> HYAA shall obtain from each of the participants or their legal guardians, a signed <br />general release of liability form discharging the County from any liability for personal injury or <br />property damage sustained during participation in the HYAA programs. <br />SECTION EIGHT <br />RELATIONSHIP OF PARTIES <br /> It is expressly agreed and understood that this License Agreement shall not operate or be <br />construed to create the relationship of landlord and tenant between County and HYAA <br />whatsoever. <br />SECTION NINE <br />INDEMNIFICATION <br /> HYAA agrees to defend, indemnify, and hold harmless the County, for all loss, liability, <br />claims or expense (including reasonable attorney’s fees) arising from bodily injury, including <br />death or property damage, to any person or persons caused in whole or in part by the negligence <br />or misconduct of HYAA, during HYAA licensed use, except to the extent same are caused by <br />the negligence or willful misconduct of the County. <br /> It is the intent of this section to require HYAA to indemnify the County to the extent <br />permitted under North Carolina law. <br />SECTION TEN <br />MISCELLANEOUS <br /> It is agreed that this Agreement shall be governed by, construed, and enforced in <br />accordance with the laws of the State of North Carolina. <br /> <br />