|
DocuSign Envelope ID:3A5D6160-6F78-49BB-BD8D-7406B8F903AB
<br /> Licensee shall neither have nor make any claim,and releases County and waives any such claim, against County for any loss
<br /> or damage to any personal property of Licensee or its employees,agents or contractors, regardless of the cause thereof.
<br /> LICENSEE IS STRONGLY ADVISED TO OBTAIN AND MAINTAIN AN INSURANCE POLICY INSURING LICENSEE'S PROPERTY AT
<br /> THE PREMISES AND STUDIOS TO PROTECT LICENSEE'S PROPERTY FROM LOSS OR DAMAGE.
<br /> Except for the gross negligence or willful misconduct by County, Licensee shall indemnify and hold County harmless from
<br /> and against any and all claims arising out of(a) Licensee's use of the Premises and Studios, (b)any activity,work, or other
<br /> thing done by Licensee in or about the Premises and Studios,or(c)any act or negligence of Licensee,or any officer, agent,
<br /> employee,contractor,servant, invitee or guest or customer of Licensee;and in each case from and against any and all
<br /> damages, injuries, losses, liabilities,costs and expenses(including reasonable attorneys'fees at all tribunal levels)arising in
<br /> connection with any such claim or claims as described in (a)through (c)above,or any action brought thereon. Licensee
<br /> assumes all risk of damage or loss to its property or injury or death to persons in,on,or about the Premises or the Studios,
<br /> from all causes except those for which the law imposes liability on County regardless of any attempted waiver thereof,and
<br /> Licensee hereby waives such claims in respect thereof against County. The provisions of this paragraph shall survive the
<br /> expiration or earlier termination of this Agreement.
<br /> Licensee shall at all times during the Term maintain insurance.
<br /> County and its respective board members,employees,volunteers, instructors,agents,contractors and officers shall not,to
<br /> the maximum extent permitted by law, be liable for,and the Licensee waives all right of recovery against County and such
<br /> individuals for any damage or claim with respect to any injury to person or damage to,or loss or destruction of, any
<br /> property of Licensee, its contractors, employees and invitees due to any act,omission or occurrence in or about the
<br /> Premises,Studios,or the Eno River Mill complex.
<br /> 11. ACCESS TO PREMISES.County shall have the right,either itself or through its authorized agents,to enter the Premises at all
<br /> times,with or without notice,to examine the same and to make such repairs, alterations,or improvements,or for any
<br /> other reason County deems necessary. Licensee,and its agents,employees, invitees,and guests, shall have the right of
<br /> ingress and egress to the area within and about the Premises and those Studio areas reserved for the common use and
<br /> enjoyment of all Licensees of the Studios, including, but not limited to,corridors, lobbies, and any break rooms(the
<br /> "Common Area"). County reserves the right to control the access and use of the Common Area,through the rules and
<br /> regulations,for the comfort and convenience of all Licensees and users of the Studios,and the right to revoke Licensee's
<br /> access privileges upon reasonable notice.
<br /> 12. DEFAULT. If Licensee fails to pay Monthly Fee or other sum of money as provided in this Agreement when due, breaches
<br /> any other agreement or obligation set forth herein,or fails to comply with County's rules and regulations regarding the use
<br /> of the Premises and Common Areas,then Licensee shall be in default hereunder,and County shall have,without further
<br /> notice,all rights and remedies available to it in law or in equity, including, but not limited to,the rights to terminate or
<br /> revoke this Agreement and recover any and all damages to which County is entitled, including any costs incurred by County
<br /> to exclude Licensee(including reasonable attorneys'fees), any unpaid sums owed to County at the time of termination,
<br /> plus interest at the maximum legal rate,and any other sums owed to County by Licensee.
<br /> All rights and remedies of County are cumulative, and the exercise of any one shall not be an election excluding County at
<br /> any other time from exercise of a different or inconsistent remedy. No waiver by County of any covenant or condition shall
<br /> be deemed to imply or constitute a further waiver of the same at a later time,and acceptance of the Monthly Fee by
<br /> County even with knowledge of a default by Licensee does not constitute a waiver of such default. An election by County to
<br /> terminate this Agreement shall only be deemed to occur upon the express,written election by County to do so. County
<br /> shall have no obligation to, and Licensee expressly waives County's obligation to, mitigate its damages arising out of a
<br /> breach of this Agreement by Licensee.
<br /> 13. PROPERTY OF LICENSEE. Licensee shall timely pay any and all taxes levied or assessed against or upon all of Licensee's
<br /> personal property located at Premises and Studios("Licensee Property'). Prior to the end of the Term, Licensee may
<br /> remove all Licensee Property that it has placed at the Premises provided Licensee repairs all damages caused by such
<br /> removal. If Licensee does not remove Licensee Property from the Premises within 5 days after expiration or termination (for
<br /> whatever cause)of this Agreement,such property(other than that containing radioactive, biologically active or other
<br /> hazardous substances or materials)shall be deemed conclusively abandoned by Licensee,and County may dispose of the
<br /> same in whatever manner County may elect.
<br />
|