Fun Times Ice Cream 5/15/2017 - Laserfiche WebLink

Insurance coverage and limits of liability as specified herein are minimum coverage and limit of liability requirements only. They shall not be construed to limit the liability of FUN TIMES ICE CREAM or any insurer for any claim that is required to be covered hereunder. Moreover, the City shall be an additional insured, where additional insured status is required, for the full available limits of liability maintained by FUN TIMES ICE CREAM,whether those limits are primary, excess, contingent or otherwise. FUN TIMES ICE CREAM shall provide the City proof of their membership in U.S. Rowing. 13. NON-INTERFERENCE WITH CITY USE. FUN TIMES ICE CREAM's use of the Property shall not interfere in any way with any City use of the property. 14. RELOCATION. FUN TIMES ICE CREAM specifically agrees to relocate or remove, whichever the City requires, all or any part of its materials located on the Property due to maintenance, repair, or construction of City's property or a City improvement. FUN TIMES ICE CREAM shall commence the relocation or removal within thirty(30) days of notice by the City that FUN TIMES ICE CREAM must relocate or remove materials. If FUN TIMES ICE CREAM fails to commence the relocation or removal as required or, having commenced it, fails to proceed with reasonable dispatch, the City shall, in addition to its remedy for damages, be entitled to specific enforcement of FUN TIMES ICE CREAM's obligation hereunder and shall also have the right and authority to remove, at FUN TIMES ICE CREAM's expense, such portion of the materials as FUN TIMES ICE CREAM has failed to relocate or remove without incurring any liability whatsoever. 15. REPAIR OF PROPERTY. FUN TIMES ICE CREAM shall use care to avoid damaging or destroying property by reason of their operations pursuant to this License. Any damage caused by FUN TIMES ICE CREAM to City or other property shall be promptly repaired or replaced by FUN TIMES ICE CREAM to the satisfaction of the City, or in lieu of such repair or replacement, FUN TIMES ICE CREAM shall pay,to the City or owner of other property, money in an amount sufficient to compensate for the loss sustained by reason of damage to or destruction of City's or other party's property or improvements. 16. RISK OF LOSS TO FUN TIMES ICE CREAM'S PROPERTY. FUN TIMES ICE CREAM bears all risk of any and all damage and loss to its property being utilized and/or stored on the property. 17. PRIOR NOTICE OF INSTALLATION. Prior to any installation of materials or changes to the Property, FUN TIMES ICE CREAM will supply the City with a drawing and any necessary specifications relating to the use of the City's Property. FUN TIMES ICE CREAM must obtain City approval of the proposed work prior to initiating any such page 3