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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 under separate <br />lease to the City beginning the first day of April and continuing through July of each calendar <br />year. LESSEE intends to utilize the premises for overflow parking purposes during fair events <br />and other events conducted by LESSEE. LESSEE recognizes that the primary use of the premises <br />is as a baseball park and the use of the premises for parking purposes is secondary thereto. As <br />a consequence, LESSEE covenants and agree that it will erect necessary control barriers and other <br />measures such that no parking shall occur on that portion of the premises recognized as a baseball <br />infield. Likewise, LESSEE recognizes and agrees that parking will be permitted only in that <br />portion of the premises recognized as a baseball outfield, and the use of said outfield property for <br />parking purposes shall be only under such conditions as the outfield property is not in any way <br />adversely affected by the parking. If the condition of the premises is such, due to rain or other <br />weather conditions, that parking on that portion of the premises identified as the outfield will <br />result in inordinately damaging or destroying the vegetation, rutting of the property, or other <br />surface damage, then the outfield portion shall likewise not be used for parking purposes, and <br />LESSEE shall be responsible for erecting the necessary barriers or other preventive measures to <br />prohibit parking on said property. During the term of the lease of the property to LESSEE, <br />should the property, either the infield or the outfield, be damaged in any way, and that portion <br />of the property so damaged is unsuitable for use as a baseball field, then LESSOR shall repair the <br />property as necessary to return it to a suitable condition for use as a baseball field, and LESSEE <br />shall defray all of the expense of LESSOR making such repairs. <br /> <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 /> <br />