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HYAA shall obtain from each of the participants or their legal guardians, a signed <br /> general release of liability form discharging the County from any liability for personal injury or <br /> property damage sustained during participation in the HYAA 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 HYAA <br /> whatsoever. <br /> SECTION NINE <br /> INDEMNIFICATION <br /> HYAA 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 HYAA, during HYAA licensed use, except to the extent same are caused by <br /> the negligence or willful misconduct of the County. <br /> It is the intent of this section to require HYAA 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 /> As noted in Section Two, HYAA will operate or cause to be operated concessions at the <br /> Cedar Grove Park and Efland-Cheeks Community Park ball fields for HYAA activities, at its <br /> discretion, to offset costs of field maintenance, increased materials, increased equipment use, <br /> breakage, and other costs that the County will incur as part of this Agreement. <br /> HYAA shall not issue sublicenses for the use of the Cedar Grove Park, Efland-Cheeks <br /> Community Park, or Fairview Park ball fields described herein. Any sublicense shall be void <br /> and any attempt to issue a sublicense shall constitute breach of this Agreement. <br /> An HYAA 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 HYAA events as described in Section One (C), <br /> and discuss suggested modifications thereto. Any cases of sustained field damage from possible <br /> overuse will also be evaluated at this meeting. <br />