Orange County NC Website
SECTION SEVEN <br /> INSURANCE & GENERAL RELEASE <br /> OTC shall obtain, at its sole expense, general liability insurance insuring against any and <br /> all losses at the Fairview Park Tennis Courts as described herein during OTC's use thereof. This <br /> policy shall provide coverage in the amount of no less than one million dollars ($1,000,000). <br /> Insurance policies shall be (1) endorsed to show Orange County as additional insured, as their <br /> interests may appear and (2) a copy provided to the County by OTC. <br /> OTC shall obtain from each of the participants or their legal guardians, a signed general <br /> release of liability form discharging the County from any liability for personal injury or property <br /> damage sustained during participation in the OTC 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 OTC whatsoever. <br /> SECTION NINE <br /> INDEMNIFICATION <br /> OTC 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 OTC, during OTC licensed use, except to the extent same are caused by the <br /> negligence or willful misconduct of the County. <br /> It is the intent of this section to require OTC 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 /> OTC shall not issue sublicenses for the use of the Fairview Park Tennis Courts described <br /> herein. Any sublicense shall be void and any attempt to issue a sublicense shall constitute breach <br /> of this Agreement. <br /> An OTC representative shall meet during the term of this Agreement with the County <br /> Manager or County Manager's designee to review this Agreement, discuss the Parties' <br /> compliance therewith, review proposed special OTC events as described in Section One (C), and <br /> discuss suggested modifications thereto. Any cases of sustained court damage from possible <br /> overuse will also be evaluated at this meeting. <br />