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DocuSign Envelope ID:4B5COFEB-153E-4D03-A57C-485D6060CC1E <br /> SECTION SIX <br /> CONDITION OF FAIRVIEW TENNIS COURTS & COMPENSATION FOR DAMAGE <br /> OTC shall clear the utilized tennis courts of all trash and debris as the end of each day <br /> into a designated solid waste container at Fairview Park, supplied by the County. <br /> OTC agrees that it shall provide one (1)replacement tennis nets annually ninety days (90) <br /> prior to the end of this Agreement. <br /> The County agrees to maintain the grounds including restrooms and perimeter fencing <br /> ensuring a safe environment. <br /> OTC shall at all times exercise due diligence in the protection of County property against <br /> damage. Any property of the County that is damaged by direct use during scheduled use of the <br /> property shall be repaired or replaced by OTC. <br /> SECTION SEVEN <br /> INSURANCE & GENERAL RELEASE <br /> OTC Shall obtain, at its sole expense, general liability insurance insuring against any and <br /> all 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 /> interest 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 <br /> release of liability from discharging the County from any liability for personal injury or property <br /> damage 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 /> IDEMNIFCATION <br /> OTC agrees to defend, indemnify, and hold harmless the County, for all loss, liability, <br /> claims or expense (including reasonable attorney's fees) arising from bodily injury, including <br /> death or property damage, to any person or persons caused in whole or in part by the negligence <br /> or 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 <br /> permitted under North Carolina Law. <br />