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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 />DocuSign Envelope ID: C7A1AC6F-33F9-45FC-A2D1-F1517FBC60A3
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