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<br />1. LESSEE is aware that the premises consist of a baseball field and associated properties, <br />immediately adjacent to the fairgrounds property operated by LESSEE. LESSEE is likewise <br />aware that the premises are utilized as a baseball park by the Boys & Girls Club of The Red River <br />Valley, Inc. under separate lease to the City beginning the first day of April and continuing <br />through July of each calendar year. LESSEE intends to utilize the premises for overflow parking <br />purposes during fair events and other events conducted by LESSEE. LESSEE recognizes that the <br />primary use of the premises is as a baseball park and the use of the premises for parking purposes <br />is secondary thereto. As a consequence, LESSEE covenants and agree that it will erect necessary <br />control barriers and other measures such that no parking shall occur on that portion of the <br />premises recognized as a baseball infield. Likewise, LESSEE recognizes and agrees that parking <br />will be permitted only in that portion of the premises recognized as a baseball outfield, and the use <br />of said outfield property for parking purposes shall be only under such conditions as the outfield <br />property is not in any way adversely affected by the parking. If the condition of the premises is <br />such, due to rain or other weather conditions, that parking on that portion of the premises <br />identified as the outfield will result in inordinately damaging or destroying the vegetation, rutting <br />of the property, or other surface damage, then the outfield portion shall likewise not be used for <br />parking purposes, and LESSEE shall be responsible for erecting the necessary barriers or other <br />preventive measures to prohibit parking on said property. During the term of the lease of the <br />property to LESSEE, should the property, either the infield or the outfield, be damaged in any <br />way, and that portion of the property so damaged is unsuitable for use as a baseball field, then <br />LESSOR shall repair the property as necessary to return it to a suitable condition for use as a <br />baseball field, and LESSEE shall defray all of the expense of LESSOR making such repairs. <br />2. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and <br />against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and <br />character whatsoever in any way arising out of or as a result of this agreement, including but not <br />limited to actions for damages or injuries to persons and/or property occurring on the leased <br /> <br />2 <br />