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<br /> 3. Insurance. Licensee shall maintain in full force and effect, during the Term, public liability and property
<br /> damage insurance with respect to injury, death, or damage occurring at the Premises or arising out of
<br /> Licensee's use of the Premises or otherwise arising out of any act or occurrence at the Premises. Said
<br /> insurance should either (i) be in an amount of at least one million dollars ($1,000,000) combined single
<br /> limit or(ii) have limits of at least$1,000,000 for injury or death to one person and for each occurrence and
<br /> $500,000 for damage to property. Prior to the first day of the Term, Licensee shall furnish a certificate of
<br /> insurance evidencing that such insurance is in effect. Licensee hereby waives all subrogation rights of its
<br /> insurance carriers in favor of Licensor, Owner and Manager and their partners, officers, employees and
<br /> agents and such other parties as Licensor may have designated additional insured.
<br /> The policies shall name as additionally insured:
<br /> Madison University Mall, LLC
<br /> 201 South Estes Drive
<br /> Chapel Hill NC 27514
<br /> 4. Waiver of Claims, Hold Harmless and Indemnity. To the extent not prohibited by law, Licensee shall
<br /> indemnify, defend and save harmless Licensor, Owner, and Manager and each of their partners, officers,
<br /> directors, employees, and agents from and against any and all liability, claims, damages, costs, and
<br /> expenses including without limitation, reasonable attorneys' fees, resulting from or in connection with
<br /> Licensee's use and occupancy of the Premises. To the extent not prohibited by law, Licensee waives all
<br /> claims against Licensor and Owner and each of their partners, officers, directors, employees, and agents
<br /> for injury to persons, damage to property or to any other interests of Licensee sustained by Licensee or
<br /> any person claiming through Licensee resulting from any occurrence in or upon the Premises or the Center.
<br /> Without limitation, all Licensees' personal property, which may at any time be at the Premises, shall be at
<br /> Licensee's sole risk. Licensor may at its discretion make it a condition for any member or employee of
<br /> Licensee to have access to the Premises that said member or employee sign and deliver to Licensor a form
<br /> of waiver and indemnity agreement satisfactory to Licensor.
<br /> 5. Costs of Litigation. If Licensor, Owner or Manager shall without fault on their part be made a party to any
<br /> litigation arising out of any act or omission of Licensee, Licensee shall pay all costs and expenses, including
<br /> reasonable attorneys' fees, incurred by said parties on account of said litigation. Licensee shall also
<br /> reimburse Licensor, Owner and Manager for all costs and expenses incurred by said parties, including
<br /> reasonable attorneys'fees, in enforcing the provisions of this Agreement.
<br /> 6. Early Termination and Recourse. Licensor may terminate the license herein upon a 30 day written
<br /> notification. Neither Licensor nor Licensee shall be liable for tardiness or cancellations due to sickness,
<br /> accidents, acts of God, riots, strikes, labor difficulties, epidemics, any act of any public authority, or any
<br /> other legitimate condition beyond control.
<br /> 7. Removal of Property; Holding Over. By the end of the term of this license, Licensee shall have removed all
<br /> of its property from the Premises and shall leave the Premises in a clean condition and in as good or better
<br /> condition as when Licensee took possession of the Premises. For each day or part of a day after the end of
<br /> the Term that Licensee shall have failed to do the foregoing, Licensee shall pay Licensor seventy-five
<br /> dollars ($75.00). Payment of said sums shall not be in prejudice to any other rights available to Licensor or
<br /> Owner in respect to the holding over by Licensee. If Licensee fails to remove its property by the end of the
<br /> Term, Licensor or Owner may dispose of said property in such manner as they determine.
<br /> 8. Assignment. Licensee shall not assign or in any other manner transfer or encumber this License
<br /> Agreement.
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