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9.LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any <br />responsibilities for supervision, security or control of USER'S property or activities. <br />USER shall be solely responsible to provide security for its equipment kept on the <br />premises and shall be solely responsible to provide supervision of its players, staff, and <br />spectators, on and off the ice. PROVIDER shall be solely responsible for the action <br />of its employees, agents, and invitees. <br />USER assumes all risks of personal injury arising from its usage of the FT Center or <br />any part connected or contiguous thereto which result from an act or failure to act on <br />the part of the USER or others over whom it has supervisory responsibility. USER <br />assumes responsibility for damages to the property of PROVIDER arising out of the <br />negligence of USER under its performance of this agreement. PROVIDER will notify <br />the USER of any damages and allow the USER a reasonable opportunity to review the <br />damage before repairs are made. PROVIDER is responsible for the repair or <br />replacement of PROVIDER'S property and will invoice the USER for the damages. <br />USER'S obligation shall be to reimburse PROVIDER for the cost of labor and <br />replacement of like-kind and quality equipment. <br />PROVIDER agrees to indemnify and hold harmless USER from and against all claims, <br />costs, expenses(including attorney fees) and liabilities of whatever nature arising <br />from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, <br />or employees; or (ii) arising from any accident, injury, including death, or damage to <br />any person or property occurring on the premises and caused by the negligence or <br />other wrongful conduct of PROVIDER, excluding claims arising from USER'S <br />performance under this agreement. This paragraph shall not act as a waiver of any tort <br />liability caps or legal immunities that may exist to protect the PROVIDER. <br />USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, <br />expenses (including attorney fees) and liabilities of whatever nature arising from <br />(i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; <br />or (ii) arising from any accident, injury, including death, or damage to any person or <br />property occurring on the premises and caused by the negligence or other wrongful conduct <br />of USER, excluding claims arising from PROVIDER's performance under this agreement. <br />Page 87 of 309