Resolutions-2024-052

Safety Officer to be present on -site to monitor use of the Licensed Area for the entire time Licensee has personnel on site. Said Safety Officer will have no role in facilitating training. Depending on the circumstances of the use of the Licensed Area, the ICFD may, at its sole discretion, require the presence of a general site security person. Licensee will be responsible for the hiring of such security personnel, as well as or overtime)associated reimbursing the ICFD for the actual labor costs ( regular and/ with the presence of the Safety Officer. Licensee will not place, affix or otherwise install any decorations in the Licensed Area except as consented to in writing by the City. In the event the City does consent to such decorations, Licensee will remove them promptly upon completion of the Event and restore the Licensed Area to the condition which it existed prior to the Event including, but not limited to, the removal of such decorations. Licensee, at its sole cost and expense, will perform general cleaning promptly upon completion of each training session, and will further upon the expiration or the Term or earlier termination of this Agreement restore the Licensed Area to the same condition in which it existed prior to the conducting of the first training session that comprises the Event, including but not limited to, the removal of all trash and debris. If Licensee fails to timely or adequately clean the Licensed Area, the City may clean the Licensed Area and charge Licensee its cost to do so. The disposal of all waste materials and trash will be done by Licensee in compliance with all applicable laws, rules and regulations. 3. Acceptance of Licensed Area. Licensee has personally inspected the Licensed Area and accepts the Licensed Area AS IS, WHERE IS, in its condition existing as of the Effective Date with all faults, and without any representation or warranty whatsoever from the City, express or implied, oral or written, as to the suitability of the Licensed Area for Licensee' s particular purpose or any other matter. Licensee will bear the risk of loss or damage to any of s personal property in, on or about the Licensed Area. Licensee' 4. Release, Indemnity and Covenant Not to Sue. Licensee will assume the risk of, be responsible for, and release, indemnify and hold harmless the City and its agents, officers, officials, employees, successors and assigns ( collectively, the Indemnified Parties")from and against, any and all losses, costs, injuries ( including injuries to person or property and, in the case of injury to a person, including death resulting therefrom), damages, liabilities and claims each a " Claim")arising out of, or in any way relating to: (a)the use of the Licensed Area by Licensee or any of its agents, representatives, vendors, employees, guests, invitees or by any other third party ( each a " Licensee Party");or ( b)the breach of this Agreement by Licensee or any Licensee Party. Furthermore, Licensee covenants not to sue any of the Indemnified Parties for any such Claims. Licensee' s obligation to indemnify the Indemnified Parties under this Agreement includes the duty to defend against any Claims with counsel acceptable to the City and to pay any judgments, settlements, costs, fees and expenses, including reasonable attorneys' fees, incurred by any of the Indemnified Parties in connection with such defense. The provisions of this Section 4 will survive the expiration or earlier termination of this Agreement. 5. Insurance. Notwithstanding any Licensee -liability or any Licensee - indemnity obligations, and without limiting the same, Licensee will obtain and maintain, at its own cost and expense, the following types of insurance coverage for the Event during the Term: (a)Commercial General Liability insurance for claims for 2