Orange County NC Website
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 /> nify, and hold harmless the County, for all loss , liability, claims or <br /> OTC agrees to defend , indem <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 /> illful misconduct of the County . <br /> negligence or w <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 />