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each waterski show or other sponsored event. Permittee must provide a portable toilet for its use <br />and for use of spectators and patrons. However, it shall be placed in a location to be mutually <br />agreed upon by the parties. City may participate in a cost share with Permittee for the provision <br />of said portable toilet subject to approval from the City Council. <br />SECTION SEVEN <br />ALTERATIONS <br />Permittee shall not make any alterations, additions, or improvements to the Property without City’s <br />prior written consent. <br />SECTION EIGHT <br />LOSS AND DAMAGE <br />Permittee assumes and shall bear the entire risk of loss, damage to, theft or destruction of its dock, <br />jump/ramp, trailer, boat lift and any personal property or equipment that is located on the Property. <br />SECTION NINE <br />INDEMNITY <br />Permittee hereby assumes entire responsibility and liability for any and all damage of any kind or <br />nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its <br />use of the Property. If any person shall make a claim for damage or injury here above described, <br />whether such claim may be based upon the City’s alleged breach of any duty or obligation on the <br />part of the City, Permittee agrees to indemnify and hold harmless City, its agents, servants and <br />employees from and against any and all losses, expense, damage or injury that they might sustain <br />as a result of any such claims. Permittee agrees to assume, on behalf of the City, the defense of <br />any action at law or equity, which may be brought against City upon such claims and pay on behalf <br />of City, upon its demand, the amount of judgment that may be entered into against City in such <br />action. <br />SECTION TEN <br />INSURANCE <br />Permittee, at its sole cost and expense, shall procure and maintain insurance coverage which is <br />acceptable to the City Administrator which accomplishes the following: (a) coverage for the risk <br />of harm or negligence to any person due to operations subject to this Permit or Permittee’s use of <br />the Property, (b) coverage for the risk of physical damage to its owned personal property and <br />equipment, and (c) coverage for the risk of public liability and property damage, and as to all <br />aspects of insured loss said insurance coverage shall not be in an amount less than $1,000,000. <br />Permittee shall provide proof of insurance for workers’ compensation insurance as required by <br />Minnesota Law. Moreover, Permittee shall name the City as additionally insured on said insurance <br />policies. <br />Continuation of these insurance requirements is an on-going condition of this Permit. As a further <br />condition of insurance coverage, USA Water Ski, Entertainment & Sports Insurance Experts <br />51 <br /> <br />