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Section 4. Use of Pronerty. <br />A. The Property shall be used by Licensee solely for the purpose of vintage market events <br />associated with Licensee's operation of its retail facility on April 14, May 12, June 9, July 14, August 11, <br />September 8, October 13, November 10, and December 8, 2018. The hours of operation of the vintage <br />market event upon the Property shall be limited to 8:00 a.m. to 5:00 p.m. Alternate dates may be <br />approved on a case-by-case basis upon approval of the City Manager but the total number of events is <br />limited to nine (9). <br />B. In addition, the applicant shall submit a site plan consisting of the display layout for review <br />by the City no less than seven days prior to each event. All temporary displays shall comply with Federal, <br />State and local laws. <br />C. Licensee's use of the Property shall not jeopardize or endanger the health, welfare, peace <br />or safety of persons visiting, residing, working, or conducting business in the surrounding area. <br />D. All third -party vendors associated with Licensee's use of the Property shall execute and <br />deliver to City, prior to entering upon the Property, a hold harmless agreeement, substantially in the form <br />attached hereto as Exhibit "A." <br />Section 5. Termination. Either Party may terminate this Agreement, without cause and without <br />penalty, at any time by giving thirty (30) days prior written notice to the other Party. <br />Section 6. Alterations and Renairs. Licensee accepts the Property in its "as -is" condition as of the <br />Effective Date of this Agreement, without any warranty, express or implied. <br />Section 7. Maintenance of Pronertv. Licensee shall be responsible for maintaining the Property <br />in a clean and orderly state. Any damage incurred by City due to Licensee's use of the Property shall be <br />the sole responsibility of Licensee. <br />Section 8. Improvements. Licensee shall not make any alterations or improvements to the <br />Property. <br />Section 9. Indemnitv. Licensee shall defend, indemnify and hold harmless City, and its elected <br />officials, officers, employees and agents from and against any and all claims, causes of action, damages <br />and liability resulting from any negligent acts or omissions, and the willful misconduct of, Licensee and <br />its agents, employees and invitees, arising from or resulting in connection with their respective occupation <br />and use of the Property during the term of this Agreement. This section shall survive any termination of <br />this Agreement. <br />Section 10. Insurance. Insurance required by this section shall be maintained by Licensee <br />throughout the term of this Agreement. Licensee shall provide City with a certificate of insurance and <br />endorsements showing City as an additional insured on the policy prior to Licensee's use and occupancy <br />of the Property. Such insurance shall be primary with respect to City and non-contributory to any <br />insurance or self-insurance maintained by City. The policy shall require that, before amending or <br />2 <br />I: 1ealdjmlAgreementsUcense Agreement Red Rooster Market 2018 final.doex <br />