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<br /> <br /> <br /> SECTION SIX <br />CONDITION OF FAIRVIEW TENNIS COURTS & COMPENSATION FOR DAMAGE <br /> <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 /> <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 /> <br /> The County agrees to maintain the grounds including restrooms and perimeter fencing <br />ensuring a safe environment. <br /> <br /> OTC shall always 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 /> <br />SECTION SEVEN <br />INSURANCE & GENERAL RELEASE <br /> <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 /> <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 /> <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 OTC whatsoever. <br /> <br />SECTION NINE <br />IDEMNIFCATION <br /> <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 />Docusign Envelope ID: 3F28A26A-2178-4098-A7DA-F4ED3AFC8E81