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2015-415 DEAPR - Orange Tennis Club - Renewal of License Agreement $1,500
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2015-415 DEAPR - Orange Tennis Club - Renewal of License Agreement $1,500
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8/19/2015 3:31:19 PM
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8/19/2015 3:28:06 PM
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BOCC
Date
8/19/2015
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Work Session
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Agreement
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Manager signed
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R 2015-415 DEAPR - Orange Tennis Club - Renewal of License Agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2015
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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 />
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