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2016-350 DEAPR - Orange Tennis Club, Inc. - License Agreement
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2016-350 DEAPR - Orange Tennis Club, Inc. - License Agreement
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Last modified
7/28/2016 11:31:18 AM
Creation date
7/28/2016 10:51:34 AM
Metadata
Fields
Template:
BOCC
Date
7/27/2016
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager signed
Amount
$1,500.00
Document Relationships
R 2016-350 DEAPR - Orange Tennis Club, Inc. - Lease Agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2016
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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 all <br /> 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 release <br /> of liability form discharging the County from any liability for personal injury or property damage <br /> 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, claims or <br /> expense (including reasonable attorney's fees) arising from bodily injury, including death or <br /> property damage, to any person or persons caused in whole or in part by the negligence or <br /> 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 permitted <br /> under North Carolina law. <br /> SECTION TEN <br /> MISCELLANEOUS <br /> It is agreed that this Agreement shall be governed by, construed, and enforced in accordance <br /> 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 herein. <br /> Any sublicense shall be void and any attempt to issue a sublicense shall constitute breach of this <br /> Agreement. <br /> An OTC representative shall meet during the term of this Agreement with the County Manager <br /> or County Manager's designee to review this Agreement, discuss the Parties' compliance <br /> therewith, review proposed special OTC events as described in Section One (C), and discuss <br /> suggested modifications thereto. Any cases of sustained court damage from possible overuse will <br /> also be evaluated at this meeting. <br />
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