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5. Maintenance. Licensee agrees that its use of the License Area will comply with <br /> all applicable laws, rules and regulations and that Licensee shall maintain the License Area in the <br /> condition reasonably required by Licensor. <br /> 6. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers, <br /> employees, and agents harmless from and against all liabilities, losses, obligations, claims, suits, <br /> damages, penalties, causes of action, costs and expenses (including without limitation, court <br /> costs and reasonable attorneys' fees) arising from or relating to the use, condition, occupancy or <br /> operation of the License Area or any part thereof by Licensee, or any failure on the part of <br /> Licensee to perform or comply with any terms of this Agreement, or any injury, death, disability <br /> or damage to any person or property occurring in or on the License Area in connection with <br /> Licensee's use of the License Area, or any act or omission by Licensee or its officers, <br /> employees, contractors or agents or anyone claiming by or through them. <br /> 7. Assignability. This Agreement, and the License herein granted, may not be <br /> assigned or transferred to any third party by Licensee and shall automatically terminate if any <br /> effort is made to assign it. <br /> 8. Termination. Licensor may terminate the License granted by this Agreement for <br /> any reason, in its sole discretion, upon 30 days' written notice from Licensor to Licensee. In <br /> addition, Licensor may terminate the license granted by this Agreement immediately upon notice <br /> to Licensee if Licensor determines, in its sole discretion, that it is necessary to do so. Licensee <br /> may terminate this Agreement at any time, upon written notice to Licensor. Licensee shall <br /> remove all of Licensee's property from the License Area and return the License Area to its <br /> existing condition by the effective date of a termination, or within 7 days of notice of an <br /> immediate termination. <br /> 9. No Waiver. No waiver of any breach or any agreement, covenant or restriction <br /> contained herein shall be construed to be a waiver of any other or future breach of the same or <br /> other covenants or restrictions. <br /> 10. Notice Addresses. All notices shall be sent by registered or certified mail <br /> addressed as follows: <br /> Licensor: Park and Recreation Director <br /> City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> Licensee: Joseph Schultz <br /> 925 Angel Street, Apt. 119 <br /> Elk River, MN 55330 <br /> (612) 470-4695 <br /> Either party may, by such notice, designate a new or other address to which notice may be <br /> mailed. <br /> IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as <br /> of the date first written above. <br /> 2 <br />