Orange County NC Website
8. INDEMNITY. <br /> 8.1. To the extent permitted by law and up to the amount of its insurance coverage,Orange County <br /> agrees to indemnify, defend and hold harmless Sports Endeavors, its parent, subsidiary and <br /> affiliated companies and their respective directors,officers,employees,agents successors and <br /> assigns, from and against any and all claims, damages, liabilities, losses, government <br /> proceedings and costs and expenses,including reasonable attorneys' fees and costs of suit, <br /> arising out of or in connection with(i)any use of the Facility or activity conducted thereon, (ii) <br /> the negligent or reckless acts or omissions of Orange County, its employees,agents, or <br /> representatives, or(iii)Orange County's breach of this Agreement. <br /> 8.2. To the extent permitted by law and up to the amount of its insurance coverage, Sports <br /> Endeavors agrees to indemnify, defend and hold harmless Orange County, its parent, subsidiary <br /> and affiliated companies and their respective directors,officers,employees,agents successors <br /> and assigns, from and against any and all claims, damages,liabilities, losses, government <br /> proceedings and costs and expenses,including reasonable attorneys' fees and costs of suit, <br /> arising out of or in connection with(i)the use of Sports Endeavors Marks or(ii) Sports <br /> Endeavors' breach of this Agreement. <br /> 8.3. Each party shall promptly notify the other party of any suit or threat of suit of which that party <br /> becomes aware which may give rise to a right of indemnification pursuant to this Agreement. <br /> The parties agree to cooperate in the settlement or defense of any such claim,demand, suit or <br /> proceeding. <br /> 8.4. In the event of a breach or threatened breach of this Agreement by the other party,the non- <br /> breaching party shall be entitled, in addition to any other remedies available to it,to obtain relief <br /> by way of injunction or other equitable relief. <br /> 8.5. The obligations of this Section 8 shall survive the expiration or termination of this Agreement. <br /> 9. COMPLIANCE WITH LAWS. <br /> In the course of their respective performance under this Agreement,both parties shall comply with <br /> all applicable federal, state and local laws and regulations, including,without limitation, laws and <br /> regulations pertaining to trademark and copy rights. <br /> 14.NOTICES,STATEMENTS AND PAYMENTS. All notices,statements and payments required <br /> hereunder shall be sent by fax and overnight mail, or first class mail,or by wire transfer,as <br /> appropriate,to the parties at the following addresses: <br /> For Orange County: Clarence G. Grier,Assistant County Manager and CFO <br /> Orange County Manager's Office <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> For Sports Endeavors: Mike Moylan,President <br /> Sports Endeavors,Incorporated <br /> 431 US Highway 70A East <br /> Hillsborough,NC 27278 <br /> Page 5 of 7 <br />