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<br />spaces shall be utilized by patrons of Town Center Park and customers of Epicure. Epicure <br />shall be required to obtain the prior written approval from the City prior to the signs being installed <br />at the Epicure parking lot. <br /> <br />6. Improvements. No structures or improvements of any kind shall be placed upon the <br />Epicure parking lot without prior written approval of Epicure. <br /> <br />7. Maintenance. Epicure shall keep and maintain the parking spaces licensed under this <br />Agreement within the City Facility in good and clean condition, including the regular removal <br />of all litter and trash. <br /> <br />8. Black-out Dates. The property shall not be available for use by park patrons on the <br />following holidays: <br /> <br />Thanksgiving; <br />Christmas Eve; <br />Christmas Day; and <br />New Years Eve. <br /> <br />9. Indemnification. This Agreement is one of licensing of property and is not a bailment. <br />The parties agree that the City shall not assume any responsibility for the vehicles licensed to be <br />parked within Epicure's parking lot under this Agreement and the contents therein. Epicure, as a <br />material part of the consideration to be rendered to the City under this Agreement, to the extent <br />permitted by law, hereby waives all claims against the City, its agents servants or employees for loss, <br />theft or damage to vehicles licensed to be parked within Epicure's parking lot under this Agreement <br />and the contents therein. To the extent permitted by law, Epicure shall indemnify, defend and hold the <br />City, its employees and public officials, agents, and servants harmless from, and on account of, any <br />damage or injury to any person, or to the property, goods, wares and merchandise of any person, <br />arising from the use of Epicure's parking lot by patrons of Town Center Park or customers of Epicure . <br /> <br />10. Assumption of Risk. All property belonging to Epicure or any user of the Epicure <br />parking lot authorized under this Agreement shall be there at the risk of Epicure or such other person <br />only. Except for the intentional or sole actions of the City or its agent or employees, the City, its <br />employees and public officials, and agents shall not be liable for injury to persons, or damage to, or <br />theft of, or misappropriation of such property by any means whatsoever resulting from the use of <br />Epicure's parking lot under this Agreement. Epicure shall give prompt notice to the City in case of <br />any such injury, damage, theft, or misappropriation. In case any action or proceeding should be <br />brought against the City by reason of any obligation on Epicure's part to be performed under the terms <br />of this Agreement or arising from any act or negligence of Epicure, or of its agents or employees, <br />Epicure, upon notice from the City, shall defend the City at Epicure's expense, by counsel reasonably <br />satisfactory to the City. <br /> <br />11. Compliance with Law. Epicure shall comply with all applicable state, county and City <br />laws and ordinances in fulfilling its responsibilities under this Agreement. Epicure agrees that its <br />parking lot shall be used by Epicure, its employees, contractors, agents, and invitees, pursuant to such <br />rules and regulations, as the City shall from time to time promulgate. <br /> <br />SIB <br />