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<br />Association shall be applicable. Use of other softball facilities by the public will be limited
<br />to the following conditions: (a) During the period not covered by this Agreement, the public
<br />shall have the right to use the various youth softball facilities for pickup games at any time
<br />during park operating hours, except when the City is conducting maintenance or
<br />construction at the various facilities; and (b) During the period covered by this Agreement,
<br />the public shall have the right to play pickup softball or other field sports games at the
<br />youth baseball facilities listed in Exhibit A, at any time during park operating hours when
<br />no league/team practice, practice game, league game, tournament game, or playoff game
<br />is scheduled; or the fields have not been Specially Prepared for such games (Special
<br />Preparation shall include marking, dragging, watering, painting, or other activity which
<br />would be disrupted or spoiled by indiscriminate use of the facilities by the public).
<br />VI.
<br />The Association shall indemnify and hold harmless the City, its officers, directors, agents,
<br />and employees from and against any and all claims, damages, losses, expenses, and
<br />liabilities, including attorney's fees which may be asserted against or incurred by the City
<br />arising, directly or indirectly, from any activities conducted or services performed by the
<br />Association under this agreement, or from any event occurring on the premises owned by
<br />the City during any period in which activities are being performed, conducted, or
<br />sponsored on the premises by the Association.
<br />VII.
<br />The City shall indemnify and hold harmless the Association, its officers, directors, agents,
<br />and employees from and against any and all claims, damages, losses, expenses, and
<br />liabilities, including attorney's fees which may be asserted against or incurred by the
<br />Association arising, directly or indirectly from any activities conducted or services
<br />performed by the City pursuant to this agreement, or from any event occurring on the
<br />premises owned by the City during any period in which activities are being performed,
<br />conducted, or sponsored on the premises by the City.
<br />Vill.
<br />The Association shall keep and maintain during the term of this agreement, a
<br />comprehensive general liability policy, with the City named as Additional Named Insured,
<br />with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single
<br />limit bodily injury and property damage per occurrence, with a maximum deductible of One
<br />Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation
<br />shall be provided to the City. Effective policy must not exclude participants in the
<br />Association's scheduled or unscheduled activities at the facilities. Other policy exclusions
<br />are permissible, provided that they do not contradict the terms of this Agreement. The
<br />Association shall furnish the City with a Certificate of Insurance evidencing such
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