Laserfiche WebLink
3 <br />221274v1 <br /> <br /> <br /> 7. Failure to Comply. If the Licensee fails to comply with the terms of this <br />Agreement, the City Code, a state statute or a state regulation, the Licensee shall be notified in <br />writing of the way or ways the dock or Dock Site area does not comply. The Licensee shall have <br />fourteen (14) days to remove the dock or otherwise bring the Dock Site into compliance. If the <br />violation is not corrected within fourteen (14) days, the license shall be revoked, this Agreement <br />shall be terminated and all property shall be removed from the dock lease site unless, within the <br />fourteen (14) days, the Dock Administrator receives from the Licensee a written request for a <br />hearing. <br /> <br /> 8. Indemnification. The Licensee shall be solely responsible for the dock license site <br />and all activities thereon. The Licensee shall indemnify, defend, and hold the city, its officers, boards, <br />commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes <br />of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, <br />sustain in any way connected with the grant of a dock license or activities on the dock license site. <br />This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and <br />liabilities incurred in or in connection with any such claims or proceedings brought thereon and the <br />defense thereof. All of the indemnifications contained in this License Agreement shall survive the <br />expiration or termination of this License Agreement. <br /> <br /> 9. Liability Insurance. Licensee will, at Licensee’s sole cost and expense, provide <br />and maintain during the term of this License Agreement a blanket or general liability insurance <br />policy against claims for personal injury, death, or property damage occurring in connection with <br />the use and occupancy of the Dock Site. <br /> <br /> 10. Property Damage Insurance. Licensee will, at Licensee’s sole cost and expense, <br />provide and maintain all risk property insurance during the term of this License Agreement in an <br />amount sufficient to cover all items of property owned, maintained, or controlled by Licensee, its <br />members, guests and invitees on the Dock Site. <br /> <br />11. Transferability. Big Island dock licenses may not be sold, assigned, licensed, or <br />otherwise transferred in any way to any person, partnership, or corporation. Only the license holder <br />may store a boat at the dock. <br /> <br /> 12. Waiver of Default. Any waiver by the City of a default under the provisions of this <br />License Agreement will not operate or be construed as a waiver of a subsequent default by <br />Licensee. No waiver will be valid unless in writing and signed by the Mayor and attested by the <br />City Clerk on behalf of the City. <br /> <br /> 13. Invalidity of Provisions. If any term or provision of this License Agreement or any <br />application hereof to any person or circumstance is to any extent found to be invalid or <br />unenforceable, the remainder of this License Agreement or the application of such term or provision <br />to persons or circumstances other than those as to which it is held invalid or unenforceable will not <br />be effected thereby and each term and provision of this License Agreement will be valid and be <br />enforced to the fullest extent permitted by law. <br /> <br /> 14. Entire Agreement. This instrument together with the Lease Agreement contain the <br />entire and only agreement between the parties and no oral statements or representations or prior