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<br />2 <br /> <br />2. LICENSED PROPERTY. Owner licenses to the City the Licensed Property for the <br />Approved Use described in Section 1 above. The City accepts the Licensed Property and its <br />improvements in their “as is” condition. <br />3. TERM. The Term of this License begins on the Start Date and terminates on the End <br />Date. <br />4. RENT. Unless otherwise provided in the “Additional Provisions” in Section 1 above, <br />there is no rent, and this License is for mutual benefits, which the parties hereto agree with the <br />other promises and covenants herein is sufficient and adequate consideration for this License . <br />5. APPROVED USE. The City shall use the Licensed Property only for the Approved Use <br />stated in Section 1. The City shall not use or permit the use of the Licensed Property for any other <br />use without the prior written consent of Owner, which may be withheld at Owner’s sole <br />discretion. City will access and conduct Approved Use activities on the Licensed Property only <br />during the hours of 7am – 5pm. City represents that City personnel, or persons under the City’s <br />supervision, who will access the property at any time, will not exceed 15 people. <br />6. COMPLIANCE WITH LAW. The City shall not do anything or permit anything to be <br />done in or about the Licensed Property which will violate any applicable federal, state or local <br />law. Unless otherwise agreed in writing by Owner, the City must at the City’s sole cost acquire <br />all permits required by law or regulation necessary for the Approved Use. <br />7. INSPECTION AND RIGHT-OF-ENTRY. Owner and its agents shall have the right, but <br />not the duty, to inspect the Licensed Property at any time to determine whether the City is <br />complying with the terms of this License. <br />8. REPAIR OF LICENSED PROPERTY. Unless otherwise provided in the “Additional <br />Provisions” in Section 1 above, any damage to Licensed Property or other Owner property caused <br />by the City shall be promptly repaired or replaced by the City. The City’s obligations under this <br />Section shall not require the City to remedy or pay for remedy relating to Property defects or <br />Property hazardous materials that pre-date the City’s entry onto the Property. <br />9. ALTERATION OF LICENSED PROPERTY / SIGNS. Unless otherwise provided in the <br />“Additional Provisions” in Section 1 above, the City shall not make or permit to be made any <br />alterations to the Licensed Property, or place signs or other displays visible from outside of the <br />Licensed Property, without first obtaining the written consent of Owner, which may be withheld <br />in the Owner’s sole discretion. <br />10. SUBLETTING AND ASSIGNMENT. This License is personal to the City. The City may <br />not transfer, assign, sublet, convey, pledge, encumber or hypothecate this License. <br />11. INDEMNIFICATION. <br /> (a) Indemnity. The City shall indemnify, defend and hold harmless Owner <br />against and from any and all claims, actions, damages, liability, costs and expenses, including <br />attorney’s fees, arising out of or relating to (a) the City’s use of the Licensed Property, or (b) any <br />breach or default in the performance of any obligation on the City’s part to be performed under <br />the terms of this License, and from all costs, damages, attorneys’ fees and liabilities incurred in <br />defense of any such claim in any action or proceeding brought thereon. The City, as a material