Orange County NC Website
9 <br />2. Licensee shall require its contractors /subcontractors, prior to commencing any installation, repair or <br />maintenance work on the premises to provide the Licensor a certificate of insurance evidencing like coverages <br />and limits as described above. <br />3. During the term of this License and any renewals thereof, the Licensee shall provide to the Licensor, upon the <br />anniversary date of this License, a certificate of insurance evidencing the coverage in the amounts shown <br />above. All certificates issued on behalf of the Licensee to the Licensor shall require no less than thirty (30) <br />days prior written notice to the Licensor as to the termination, lapse, or reduction in coverage. <br />4. The failure of the Licensee to maintain any of the coverage or meet any of the required conditions of this <br />License shall constitute a default. Upon such default, the Licensor shall have the option of obtaining and <br />maintaining such coverage as set forth in Section III (A) (1) herein and shall have the right of reimbursement <br />from the Licensee for the cost of said coverage, or shall have the option of terminating this License upon <br />thirty (30) days written notice to the Licensee. <br />B. Indemnification <br />1. Licensee agrees to indemnify, defend and hold Licensor harmless from and against injury, loss, damage or <br />liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees <br />and court costs) which may be imposed upon or incurred by or asserted against Licensor occurring during the <br />term of this License, or during any period of time prior to the Commencement Date hereof or after the <br />expiration date hereof when Licensee may have been given access to or possession of all or any part of the <br />Premises arising from: <br />(i) any work or act done in, on or about the Premises or any part thereof, including the installation, use, <br />maintenance, repair or removal of the Licensee Facilities, at the direction of Licensee, its agents, contractors, <br />subcontractors, servants, employees, Licensees or invitees, except if such work or act is done or performed by <br />Licensor or its agents or employee; <br />(ii) any negligence (including gross or ordinary negligence, any willful or wanton act or omission or any <br />other wrongful act or omission occurring in, on, or about the Premises or any part thereof, to the extent such <br />injury, loss, damage, liability, costs, and /or expenses are caused by the negligence, gross negligence, or <br />misconduct of Licensee, its agents, employees, contractors, subcontractors, servants, licensees, or invitees; <br />and <br />(iii) any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms, <br />provisions, conditions or limitations contained in this License on its part to be performed or complied with. <br />2. To the extent authorized by North Carolina law Licensor agrees to indemnify, defend and hold Licensee <br />harmless from and against injury, loss, damage (but not consequential damages or punitive damages), or <br />liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees <br />and court costs) which may be imposed upon or incurred by or asserted against Licensee occurring during the <br />term of this License arising from: <br />(i) any negligence (including gross or ordinary negligence, any willful or wanton act or <br />omission or any other wrongful act or omission occurring in, on, or about the Licensee <br />Facilities or any part thereof, to the extent such injury, loss, damage, liability, costs, <br />and /or expenses are caused by the negligence, gross negligence, or misconduct of <br />Licensor, its agents or employees; and <br />(ii) any failure on the part of Licensor to perform or comply with any of the covenants, agreements, terms, <br />provisions, conditions or limitations contained in this License on its part to be performed or complied with. <br />E <br />