Orange County NC Website
Page 5 of 12 <br />6. MAINTENANCE OF FACILITY, NON-DISCRIMINATION. <br />6.1. Orange County shall maintain the Facility in good and safe condition. <br />6.2. Orange County shall ensure that in no event shall usage of the Facility be discriminatory on the <br />basis of race, ethnicity, color, creed, religion, national origin, gender, disability, age, veteran status <br />or familial status. <br /> <br />7. INSURANCE REQUIREMENTS, RELEASES REQUIRED. <br />7.1. Orange County agrees to secure and maintain in force and effect throughout the term of this <br />Agreement insurance coverage for all facilities and equipment located at the Facility consistent <br />with that maintained by Orange County at all other municipal locations. Such coverage should <br />include, at a minimum the following: <br />7.1.1. Statutory workers’ compensation in accordance with North Carolina law. Employers’ <br />liability (Coverage B) with limits of not less that $100,000 per accident. <br />7.1.2. Comprehensive General Liability Insurance with limits of at least $2,000,000 for each <br />occurrence and combined single limit. <br />7.1.3. Excess Liability Coverage with limits not less than $4,000,000 per occurrence with a <br />Combined Aggregate Limit of $4,000,000. <br />7.1.4. Commercial Property Insurance on the Facility with a limit of no less than $3,500,000. <br />7.2. Orange County shall deliver to Sports Endeavors Certificates of Insurance evidencing the <br />existence of the insurance required above no later than thirty (30) days following the final <br />execution of this Agreement. Such Certificates shall provide for the giving to Sports Endeavors <br />of thirty (30) days prior written notice of cancellation and shall name Sports Endeavors as an <br />additional insured. <br />7.3. Orange County agrees that it will use best efforts to require all credentials of any kind used for <br />admission to events at the Facility to include the following or substantially similar language: <br />The holder of this ticket and any individual present in this facility assumes all risk and <br />danger and releases SOCCER.COM and Orange County, its sponsors, and host <br />organizations and all agents thereof from any and all liabilities resulting from your <br />attendance at this event. You agree to abide by all rules and regulations established by <br />Orange County, and a violation of these rules and regulations can be cause for forfeiture of <br />your ticket and removal from the premises. <br />7.4. Orange County further agrees to use best efforts to obtain signed releases from all organizations <br />engaged in activities at the Facility, which release Sports Endeavors its parent, subsidiary and <br />affiliated companies and all agents thereof from any and all liabilities resulting from their use of <br />the Facility and participation in the activity held at the Facility. <br /> <br />8. INDEMNITY. <br />8.1. To the extent permitted by law and up to the amount of its insurance coverage, Orange County <br />agrees to indemnify, defend, and hold harmless Sports Endeavors, its parent, subsidiary and <br />affiliated companies and their respective directors, officers, employees, agents successors and <br />assigns, from and against any and all claims, damages, liabilities, losses, government <br />proceedings and costs and expenses, including reasonable attorneys’ fees and costs of suit, <br />arising out of or in connection with (i) any use of the Facility or activity conducted thereon, <br />(ii) the negligent or reckless acts or omissions of Orange County, its employees, agents, or <br />representatives, or (iii) Orange County’s breach of this Agreement. <br />8.2. To the extent permitted by law and up to the amount of its insurance coverage, Sports <br />Endeavors agrees to indemnify, defend, and hold harmless Orange County, its parent, subsidiary <br />and affiliated companies and their respective directors, officers, employees, agents successors <br />7