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<br />Not sell alcohol or tobacco products.
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<br />4. UTILITIES.
<br /> The City shall provide and pay for water and electricity at the
<br /> Concession stand.
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<br />5. INSURANCE.
<br /> Contractor shall obtain and keep in force the following insurance:
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<br /> Minimum Limits – Commercial General Liability
<br /> Bodily Injury $1,000,000 each occurrence or aggregate
<br /> Property Damage $1,000,000 each occurrence or aggregate
<br /> Worker’s Compensation Insurance Statutory
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<br />Prior to commencing construction or operating the concession stand, Contractor shall file with
<br />the City a certificate of insurance satisfactory to the City evidencing the required insurance
<br />coverage.
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<br />The City shall be named as an additional insured on the commercial general liability policy on a
<br />primary and noncontributory basis.
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<br />6. INDEMNITY.
<br /> Contractor shall indemnify and hold harmless the City from any
<br />and all demands, claims, causes of action, fines, penalties, damages (including consequential
<br />damages), losses, liabilities, judgments, and expenses (including, without limitation, attorneys’
<br />fees and court costs) incurred in connection with or arising from:
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<br />the use or occupancy of the YAC by Contractor or any person claiming under
<br />Contractor;
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<br />any activity, work, or thing, done or permitted or suffered by Contractor in or about
<br />the YAC;
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<br />any acts, omissions, or negligence of Contractor or any person claiming under
<br />Contractor or the Contractor’s, agents, employees, volunteers, invitees, or visitors of
<br />Contractor, or of any such person;
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<br />any breach, violation, or nonperformance by Contractor or any person claiming under
<br />Contractor or the employees, volunteers, agents, Contractors, invitees, or visitors of
<br />Contractor, or of any such person of any term, covenant, or provision of this
<br />Agreement or any law, ordinance, or governmental requirement of any kind; or
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<br />any injury or damage to the person, property, or business of Contractor, its
<br />employees, volunteers, agents, Contractors, invitees, visitors, or any other person
<br />entering upon the YAC premises under the express or implied invitation of
<br />Contractor.
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<br />If any action or proceeding is brought against the City by reason of any such claim, Contractor
<br />shall upon notice from City, defend the claim at Contractor’s expense with counsel reasonably
<br />satisfactory to the City.
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<br />7. INDEPENDENT CONTRACTOR.
<br /> This Agreement calls for the performance
<br />of concession services by Contractor as an independent contractor and Contractor, its volunteer
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