LESSEE agrees to assume, defend, indemnify and hold harmless the LESSOR, the City of Bismarck, the Bismarck Event Center and all officers, employees and agents of the LESSOR, the City of Bismarck and the Bismarck Event Center, against any and all claims, demands, losses, actions or causes of action of whatsoever kind, arising or resulting directly or indirectly from the use, occupancy or leasing of the Bismarck Event Center by the LESSEE, its sub-lessees, contractors, subcontractors, exhibitors, agents, officers, volunteers, employees or persons attending the EVENT.
a. LESSEE shall indemnify and hold harmless the LESSOR from all loss or expenses arising from any liability or claim of liability for injuries or damages to persons or property sustained or claimed to have been sustained by anyone by reason of the use of the Bismarck Event Center for the EVENT, whether such use was authorized or not.
b. LESSEE agrees to pay for any and all damages to the Bismarck Event Center if such loss or damage is the result of the EVENT.
c. LESSEE agrees to indemnify and hold the LESSOR harmless from any claims from anyone for loss or damage to property placed on the Bismarck Event Center premises
LESSEE shall provide at its own cost and expense, a Commercial General Liability and Property Damage Insurance Policy along with the required Workers’ Compensation, which will include coverage for volunteers, Automobile Liability and Umbrella Liability coverage.
a. A certificate of insurance shall be provided to the LESSOR a minimum of seven (7) working days from the starting day of this EVENT.
b. The insurance must be written by an insurance company licensed to do business in the State of North Dakota and have an A.M. Best rating of A+ or higher.
c. If the LESSEE fails to provide the aforementioned evidence of insurance by the stated date, the LESSOR shall have the right to either obtain the required insurance with the premium to be paid by the LESSEE or to cancel the EVENT.
d. LESSEE shall name the LESSOR, the City of Bismarck and the Bismarck Event Center as additional insured. Such insurance shall be provided by commercial general liability insurance from policy including the broad form liability extended coverage, with a combined single limit of at least $1,000,000 for each occurrence.
e. LESSEE shall also provide necessary Workers’ Compensation insurance for Lessee’s employees and volunteers. Proof of such Workers’ Compensation insurance shall be provided to the LESSOR a minimum of seven (7) working days from the starting day of the EVENT.
f. LESSEE shall further furnish comprehensive automobile insurance coverage as shall protect LESSEE against claims for damages from bodily injury, including wrongful death and property damage which may arise from the operations of any owned, hired or non-owned automobiles used by or for LESSEE in any capacity with respect to the performance of this agreement in the amount of $1,000,000.
g. LESSEE shall also provide umbrella/aggregate insurance over the coverage required herein in the amount of at least $2,000,000.
FORCE MAJEURE: In the event the Bismarck Event Center or any portion thereof shall be destroyed or damaged by fire or other calamity to prevent the use of the premises for the purpose and during the periods specified herein, or if the premises cannot be so used because of strikes, Acts of God, national emergency or other causes beyond the control of the LESSOR, then this lease shall terminate and the LESSEE hereby waives any claim against the LESSOR for damages by reason of such termination except that any unearned portion of the rental fee or deposit hereunder shall abate or be refunded by the LESSOR to the LESSEE.
During the time of a disaster or emergency declaration wherein a governmental agency requires the use of the Leased Premises or during a Homeland Security Code Red, the Event Center shall have the right to cancel or postpone the Tenant’s event or use of the leased premises for the duration of the disaster or emergency declaration or heightened security. The Tenant will have a maximum of 8 hours to completely vacate the premises and remove all event related materials.