- vehicles entering upon the License Area. Licensee will take all precautions, at its own cost, including but not limited to supplying all necessary signs and directions, traffic and parking control and the placing of fencing and barricades as are necessary in the interest of public safety and for the safety of any persons working on or traveling upon the License Area. If additional security is deemed necessary in RACER’s sole discretion, it will be Licensee’s responsibility to provide additional security to RACER’s satisfaction. No tailgating, loitering, fireworks, firearms, dangerous devices, or weapons of any kind will be permitted on or in the License Area. RACER will not be responsible for any loss or damage to any person or property, including, without limitation, any vehicle parked on, or using, the License Area or the Property, in connection with the entry and use granted herein. Licensee will also remove or arrange for the removal of any vehicles that remain on the Licensed Area at the conclusion of the Term. Removal of snow and ice, if any, from the License Area during Licensee’s use thereof will be performed by the Licensee at its own cost.
- 4. RACER Right of Access. RACER and its employees, agents (including contractors), and invitees shall have a full, unimpeded right of access to all areas of the Property. RACER and its employees, agents (including contractors), and invitees shall have the right of access to the entire License Area to perform activities related to RACER’s environmental investigation and remediation concerning the Property and to inspect the License Area generally. In the event RACER accesses the License Area for such purposes, RACER shall exercise reasonable efforts to avoid unreasonably interfering with Licensee’s operations on the License Area. Licensee shall reasonably cooperate with RACER in RACER’s environmental investigation and remediation, if any, including, without limitation, the prompt removal or relocation of vehicles and equipment on the License Area.
- 5. No Representation or Warranty. RACER makes no representation or warranty to Licensee regarding the condition, safety, or security of the License Area or the suitability of the License Area for the intended use. Licensee uses the Licensed Area at Licensee’s own risk. Licensee shall be solely responsible for any repairs, inspections, or improvements needed as a result of Licensee’s use of the License Area.
- 6. Insurance. Licensee will, simultaneously with its execution of this Agreement, furnish to RACER a current certificate of insurance (in the form as shown in Exhibit B hereto) showing the required insurance coverage set forth in the paragraph and below. Such policies will name “Revitalizing Auto Communities Environmental Response Trust” and “RACER Properties LLC” as additional insureds and be endorsed to provide a waiver of subrogation to “Revitalizing Auto Communities Environmental Response Trust” and “RACER Properties LLC” and their representatives, and shall be primary to RACER’s insurance policies and RACER’s insurance policies shall not be contributory and will be issued by companies satisfactory to RACER, as follows:
- a. Commercial General Liability Insurance, which will include contractual liability with limits of $2,000,000 per occurrence including Products and Completed Operations, $2,000,000 Personal and Advertising Injury Each Occurrence; and $2,000,000 Aggregate, which may be satisfied through a combination of Commercial General Liability insurance and Umbrella/Excess Liability insurance.