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12. First priority is given to library sponsored or endorsed organizations including the city of <br /> Elk River and the Friends of the Elk River Library. The City reserves the right to <br /> schedule the Community Room for the best interest of the city. <br /> 13. The Community Room is not available for personal, company or family parties. <br /> 14. Other than for the Great River Regional Library and the City of Elk River, the <br /> Community Room is not available for programs involving the sale, advertising, <br /> solicitation or promotion of memberships, classes or services. The room is not available <br /> for money raising events and no admission fee may be charged nor may a collection be <br /> taken. Presentations may not be for the direct commercial gain of the presenter and no <br /> solicitation or promotion of products or services of a particular business win be allowed. <br /> 15. The number attending a meeting at one time may not exceed the capacity of the room <br /> (40) by order of the Fire Marshal. <br /> LIABILITY AND INDEMNIFICATION <br /> The group,individual or organization using the Elk River Public Library Community Room <br /> shall agree to compensate the City of Elk River for all damages to facilities, equipment or <br /> other property owned by the City, to compensate an employee for damage to personal <br /> property by any person attending the event, and further assumes all liability for any personal <br /> injuries,including death caused by participants in the scheduled event. The permit holder <br /> will be responsible for reimbursement of damages, including those in excess of the deposit. <br /> The permit holder shall be wholly and solely liable and responsible for any and all acts of <br /> every Lund and nature of any member, agent,employee or guest of the permit holder. The <br /> permit holder further agrees to indemnify the City, defend and hold it harmless from any <br /> and all claims for damages (and claims of each and every nature) which might arise out of <br /> the use of the premises during the term hereof(or) occasioned by the act or acts of any of <br /> permit holders member, agents, employees or guests on the premises. <br /> IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, <br /> INCIDENTAL,SPECIAL,PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES <br /> WHETHER OR NOT FORESEEABLE INCLUDING,WITHOUT LIMITATION, <br /> DAMAGES FOR THE LOSS OF GOODWILL OR PROFITS) ARISING OUT OF OR <br /> IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFOREHAND OF <br /> THE POSSIBILITY OF SUCH LIABILTIY. <br />