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<br />month, for passenger automobile and truck parking purposes. It is understood and agreed that the
<br />right to use the Lehman Parking Spaces is non exclusive. However, the City agrees that during the
<br />term of this Agreement, it shall not enter into an agreement with any other entity to grant the right to
<br />utilize any portion of the Lehman Parking Lots on a monthly basis.
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<br />4. Costs. It is understood and agreed that during the term of this Agreement, Charleville
<br />shall be responsible for any costs or expenses associated with its use of the Property for vehicular
<br />parking.
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<br />5. Term. The initial term of this Agreement shall commence on the Effective Date and
<br />shall expire ninety (90) days thereafter (the "Initial Term").
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<br />6. Asshmment. This Agreement may not be assigned or sublet by Charleville, in whole or in
<br />part, without prior written consent of the City.
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<br />7. Improvements. No structures or improvements of any kind shall be placed upon the
<br />Property without prior written approval of the City.
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<br />8. Maintenance. Charleville shall keep and maintain the parking areas of the Property
<br />in good and safe condition, including the regular removal of all litter and trash, and repair any damage
<br />to the Property caused by its employees, agents, and subcontractors.
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<br />9. Indemnification. This Agreement is one of licensing of property and is not a
<br />bailment. Charleville shall assume full responsibility for its vehicles and those of its employees,
<br />agents and invitees, and the contents of the vehicles on the Property. Charleville, as a material part
<br />of the consideration to be rendered to the City under this Agreement, to the extent permitted by law,
<br />hereby waives all claims against the City, its agents, servants or employees for loss, theft or
<br />damage to property in, on or about the Property. To the extent permitted by law, Charleveille
<br />shall indemnify, defend and hold the City, its employees and public officials, agents, and
<br />servants harmless from, and on account of, any damage or injury to any person, or to the property,
<br />goods, wares and merchandise of any person, arising from the use of the Property by CharlevilIe, its
<br />agents, servants, employees, contractors, invitees or licensees.
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<br />10. Assnmption of Risk. Consistent with paragraph eight and not as a limitation of the
<br />aforementioned paragraph, all property belonging to Charleville or any user of the Property shall be
<br />there at the risk of Charleville or such other person only. Except for the deliberate or negligent
<br />act of the City or its agent or employees, the City, its employees and public officials, and agents
<br />shall not be liable for injury to persons, or damage to, or theft of, or misappropriation of such
<br />property by any means whatsoever. Charleville shall give prompt notice to the City in case of any
<br />such injury, damage, theft, or misappropriation. In case any action or proceeding should be brought
<br />against the City by reason of any obligation on Charleville's part to be performed under the terms of
<br />this Agreement or arising from any act or negligence of Charleville, or of its agents or employees,
<br />Charleville, upon notice from the City, shall defend the City at Charleville's expense, by counsel
<br />reasonably satisfactory to the City.
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