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and 50/100 dollars ($47) which amount equals one (1) month's permit payment to be used by
<br />City in the event that Tenant is in default of any fee payments, or any of the provisions of this
<br />permit. If and when Tenant pays one year's tie -down fee in advance, no deposit shall be
<br />required.
<br />If Tenant defaults or any of the provisions of this permit, City may use, apply or retain the whole
<br />or another sum of this security for the payment of any unpaid fees or for any other costs, which
<br />the City may incur due to Tenant's default. Should Tenant fully and faithfully comply with all of
<br />the terms, provisions, covenants, and conditions of this permit, the security deposit, or any
<br />balance of the security shall be returned to Tenant at the expiration of this permit.
<br />8. Attorneys' Fees. In the event any legal action is commenced to enforce or interpret any
<br />term or condition of this permit, the prevailing party in such action, in addition to costs and any
<br />other relief, shall be entitled to its reasonable attorneys' fees, including fees for use of in-house
<br />counsel.
<br />9. Insurance. If this permit is on a monthly and/or annual basis, Tenant shall secure and
<br />maintain in force throughout the duration of this Permit general aviation liability in the amount
<br />of one million dollars ($1,000,000) per occurrence for public liability, property damage and
<br />personal injury. Tenant shall provide City with a certificate of insurance and obtain an
<br />endorsement that City shall be named as an additional insured prior to occupying the tie -down
<br />space.
<br />10. Hold Harmless. Tenant shall defend, indemnify and hold harmless City, its elected
<br />officials, officers, employees and agents, from and against any and all actions, claims, demands,
<br />lawsuits, losses and liability for damages to persons or property, including costs and attorneys'
<br />fees, that may be asserted or claimed by any person, firm, entity, corporation, political
<br />subdivision or other organization arising out of or in connection with Tenant's negligent and/or
<br />intentionally wrongful acts or omissions under this Permit; but excluding such actions, claims,
<br />demands, lawsuits and liability for damages to persons or property arising from the sole
<br />negligence or intentionally wrongful acts of City, its officers, employees or agent.
<br />11. Release. Tenant hereby voluntarily releases, discharges, waives and relinquishes any
<br />and all actions or causes of action it may have for personal injury, property damage or wrongful
<br />death occurring to them arising as a result of the lease of the aircraft tie -down space at Redlands
<br />Municipal Airport, and any activities incidental thereto, wherever or however the same may
<br />occur. Further, Tenant does, for itself, and its employees and their heirs, executors,
<br />administrators and assigns, hereby release, waive, discharge and relinquish any action or causes
<br />of action, which may hereafter arise for Tenant and City's employees' estates, and agrees that
<br />under no circumstances will Tenant or its heirs, executors, administrators and assigns prosecute
<br />or present any claim for personal injury, property damage or wrongful death against the City of
<br />Redlands or any of its elected officials, officers, agents or employees for any of said causes of
<br />action, whether the same shall arise by the negligence of the above said persons, or otherwise.
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