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HYAA shall obtain from each of the participants or their legal guardians, a signed <br />general release of liability form discharging the County from any liability for personal injury or <br />property damage sustained during participation in the HYAA programs. <br /> <br /> <br />SECTION EIGHT <br />RELATIONSHIP OF PARTIES <br /> <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 HYAA <br />whatsoever. <br /> <br />SECTION NINE <br />INDEMNIFICATION <br /> <br /> HYAA 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 HYAA, during HYAA licensed use, except to the extent same are caused by <br />the negligence or willful misconduct of the County. <br /> <br /> It is the intent of this section to require HYAA to indemnify the County to the extent <br />permitted under North Carolina law. <br /> <br />SECTION TEN <br />MISCELLANEOUS <br /> <br /> It is agreed that this Agreement shall be governed by, construed, and enforced in <br />accordance with the laws of the State of North Carolina. <br /> <br /> HYAA shall not issue sublicenses for the use of the Cedar Grove Park, Efland-Cheeks <br />Community Park, or Fairview Park ball fields described herein. Any sublicense shall be void <br />and any attempt to issue a sublicense shall constitute breach of this Agreement. <br /> <br /> An HYAA representative shall meet during the term of this Agreement with the County <br />Manager or County Manager’s designee to review this Agreement, discuss the Parties’ <br />compliance therewith, review proposed special HYAA events as described in Section One (C), <br />and discuss suggested modifications thereto. Any cases of sustained field damage from possible <br />overuse will also be evaluated at this meeting. <br /> <br />The failure of the County to require compliance by the HYAA with any provisions of this <br />Agreement or the waiver by the County of any breach of this agreement shall not constitute a <br />waiver of any claim for damages by the County for any breach of this Agreement or a waiver of <br />any other required compliance with the terms of this Agreement. <br /> <br />DocuSign Envelope ID: 5DFF29A6-C11C-418F-A55E-44A9EEE163A4