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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 />