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<br />VII.
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<br />The Concessionaire shall not by virtue hereof be deemed to have become a tenant
<br />of the City, nor to have been given or accorded as against the City the possession of any
<br />part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled
<br />to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter
<br />therein solely for the purpose of exercising therein the rights 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 additional
<br />insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined
<br />single limit bodily injury and property damage per occurrence. The Concessionaire shall
<br />annually furnish the City with a certificate of insurance evidencing such coverage. The City
<br />and Harris County are to receive at least thirty (30) days prior written notice of cancellation
<br />of said policies. Such insurance shall include contractual liability insuring the indemnity
<br />agreements contained herein. Failure to maintain insurance will result in automatic and
<br />immediate termination of this 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, agents,
<br />employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
<br />and of any of their respective partners, (herein collectively called the "Indemniteesn) from
<br />and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
<br />judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
<br />any nature, kind or description (including without limitation, claims for injuries or death of
<br />any person, or damages to or loss of any property) of any person or entity (including but
<br />not limited to employees, agents, and subcontractors of Concessionaire, and their
<br />dependents, and personal representatives, or other third parties), directly or indirectly
<br />arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the
<br />presence or activity of Concessionaire, its employees, agents, and representatives,
<br />(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
<br />premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
<br />with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
<br />on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or otherwise,
<br />or the condition of said equipment, or (d) any act or omission of Concessionaire, any
<br />Subcontractor, any of their respective employees, agents, servants, officers, directors,
<br />partners, or anyone directly or indirectly employed by Concessionaire or any
<br />Subcontractor, or anyone that either Concessionaire or any Subcontractor controls or
<br />
<br />Pier Concession Agreement, REVISED, 0710
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<br />Concession Agreement, page 5 of 9
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