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<br />e
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<br />VII.
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<br />The Concessionaire shall not by virtue hereof be deemed to have become a
<br />tenant of the City, nor to have been given or accorded as against the City the
<br />possession of any part of said fishing pier, but to such of the pier as the Concessionaire
<br />is hereunder entitled to use, the Concessionaire shall be deemed merely to be a
<br />licensee permitted to enter therein solely for the purpose of exercising therein the rights
<br />and privileges hereby granted.
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<br />VIII.
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<br />The Concessionaire shall keep and maintain during the term hereof, a
<br />comprehensive general liability policy, with the City and Harris County named as
<br />additional insured, with limits of liability of not less than one million dollars
<br />($1,000,000.00) combined single limit bodily injury and property damage per
<br />occurrence. The Concessionaire shall annually furnish the City with a certificate of
<br />insurance evidencing such coverage. The City and Harris County are to receive at
<br />least thirty (30) days prior written notice of cancellation of said policies. Such insurance
<br />shall include contractual liability insuring the indemnity agreements contained herein.
<br />Failure to maintain insurance will result in automatic and immediate termination of this
<br />Agreement.
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<br />IX.
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<br />To the fullest extent permitted by applicable law, Concessionaire shall and does
<br />hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
<br />Harris County, Texas, and their respective heirs, legal representatives, partners,
<br />agents, employees, directors, shareholders, subsidiaries, and affiliated companies if
<br />Indemnities and of any of their respective partners, (herein collectively called the
<br />"Indemnitees") from and against all claims, demands, damages, injuries, losses, liens,
<br />causes of action, suit, judgements, liabilities, costs, and expenses, including court costs
<br />and attorney's fees, of any nature, kind or description (including without limitation,
<br />claims for injuries or death of any person, or damages to or loss of any property) of any
<br />person or entity (including but not limited to employees, agents, and subcontractors of
<br />Concessionaire, and their dependents, and personal representatives, or other third
<br />parties), directly or indirectly arising out of, caused by, in connection with, or resulting
<br />from (in whole or in part), (a) the presence or activity of Concessionaire, its employees,
<br />agents, and representatives, (including subcontractors on Indemnitee's premises, (b)
<br />the condition of the Indemnitee's premises, the adjoining land, or any of the driveways,
<br />streets, or alleys used in connection with the services of the Concessionaire, (c) the use
<br />of any equipment by Concessionaire on Indemnitee's premises, whether belonging to
<br />Concessionaire, Indemnitee, or otherwise, or the condition of said equipment, or (d) any
<br />act or omission of Concessionaire, any Subcontractor, any of their respective
<br />employees, agents, servants, officers, directors, partners, or anyone directly or
<br />indirectly employed by Concessionaire or any Subcontractor, or anyone that either
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<br />Concession Agreement, Page 5 of 9
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