|
<br /> It e
<br /> VI.
<br /> The Concessionaire shall permit the City's officers, employees, and agents to enter
<br /> into and upon the fishing pier for the purpose of inspecting and examining the condition
<br /> thereof.
<br /> VII.
<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
<br /> entitled to use, the Concessionaire shall be deemed merely to be a licensee permitted to
<br /> enter therein solely for the purpose of exercising therein the rights and privileges hereby
<br /> granted.
<br /> VIII.
<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 ($1,000,000.00)
<br /> combined single limit bodily injury and property damage per occurrence. In addition,
<br /> Concessionaire shall keep and maintain during the term hereof Worker's Compensation
<br /> Insurance in accordance with statutory limits, with an insurance company licensed to do
<br /> business within the State of Texas, and acceptable to the City and Harris County and
<br /> under forms and policies satisfactory to the said City and Harris County. The
<br /> Concessionaire shall annually furnish the City with a certificate of insurance evidencing
<br /> such coverage. The City and Harris County are to receive at least thirty (30 days prior
<br /> written notice of cancellation of said policies. Such insurance shall include contractual
<br /> liability insuring the indemnity agreements contained herein. Failure to maintain insurance
<br /> will result in automatic and immediate termination of this Agreement.
<br /> IX.
<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 "Indemnitees") 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 /> c:\ WP50\ClP\PIER_6.AGR Concession Agreement, page 5 of 9
<br />
|