Res 2009-128 - Laserfiche WebLink

Home Browse Search

obligations contained herein. V. MANAGEMENT Licensee shall be responsible for the management of the License Area during the Activity Hours of the Term. Licensee's management responsibilities shall include, but not be limited to: 1) ensuring that the License Area are secure and safe during the Activity Hours of the Term, 2) ensuring that crowd control and other safety precautions are planned in advance of Licensee's use of the License Area, 3) ensuring that any items, improvements, or personal property (including but not limited to vehicles) brought into or upon the License Area during the Term do not damage the Courthouse Grounds, 4) ensuring that any items, improvements, and/or personal property brought into the License Area during the Term are safe and secure, considering that the public shall have access to said items, improvements, and/or personal property, 5) ensuring that all activities and/or materials related to property use are properly and legally permitted by any governmental or private authority that has regulation powers over that activity or material, and 6) ensuring that all materials that are brought onto or left in the License Area during the Activity Hours, including all trash or litter, are removed before expiration of the Term. VI. RIGHTS OF THE COUNTY The County reserves the following rights under this License Agreement: 1) to prohibit, terminate, restrain, or enjoin any activity in the License Area that is not part of the Authorized Activity; 2) to exclusively use the License Area for a period not to exceed twenty-four (24) hours between Sunday and Wednesday of any given week, after the provision of one (1) week's written notice to Licensee and 3) to require certain action(s) by Licensee that further the health, safety, legality, and security of the License Area, Licensee's services and those individuals utilizing Licensee's services by providing written notice of that requirement to Licensee. Licensee recognizes the County's reservation of the above rights, and agrees to comply with the County's written assertion of rights under this Section. VII. TERMINATION This Agreement may be terminated: (1) for the cause in the event that either Party materially breaches the terms of this Agreement or (2) on 120 days' advance written notice by either party to the other party. VIII. INSURANCE Licensee is a governmental entity subject to risk pool coverage in amount(s) sufficient to save, protect and insure Licensee (or, the County, if Licensee indemnifies the County under Section VIII, below) for the Authorized Activity being held in the License Area. Evidence of Licensee's risk pool coverage will be provided to County upon request. IX. CONTRACTUAL RELATIONSHIP; INDEMNITY The County and Licensee are independent contractors under the terms of this Agreement. Nothing in this Agreement shall be construed to mean that Licensee is an agent or employee of the County, nor that the County is an agent or employee of Licensee. Neither Licensee nor the County will be liable for the actions of, or failure to act by, any employee, agent, volunteer, or officer of the other party. Licensee will be responsible for investigating, handling, responding to, and defending claims and causes of action arising from any act, omission or failure to act by Licensee under this agreement. The County will be