Indemnification
The renter shall defend, indemnify and save harmless the Corporation of the City of Brockville, their elected officials, officers, employees and others who the City is responsible from and against any and all
claims, actions, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury or to damage to or destruction of tangible property including loss of revenue arising out of or allegedly attributable to the negligence acts, errors, omissions, whether willful or otherwise by renter, their officers, employees, agents, or others who the renter is legally responsible. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the renter in accordance with this agreement and shall survive this agreement.
Custodial Damages
The applicant/organization is responsible for all clean up and disposal of refuse related to the event detailed in this agreement. Should the City of Brockville determine that the applicant/organization did not take due care to adequately return the facility to the condition in which it was found prior to the event, the City of Brockville reserves the right to bill associated custodial or damage charges to the applicant/organization.
Cancellation
This contract cannot be cancelled for convenience.
In the event of an event cancellation, the City and the Renter will review options for rescheduling the event. If the event cannot be rescheduled, the City reserves the right to charge the Renter for any fees that may occur due to the event cancellation. The City reserves the right to retain deposits and/or charge administrative fees due to the rescheduling of an event.
Under this contract, the Renter and the City will take practicable efforts, following guidelines set out by Public Health and the Province, to reduce the transmissibility of a communicable disease. The City or the Renter may cancel this contract in whole or in part due to unforeseen illness, guidelines, or Public Health measure at any time, where the illness, guidelines or Public Health measure will affect the event from continuing. Cancellation cannot be due to reduced capacity limits at the venue, only a full closure of the facility.
General
- The City will always have access to and control of its facility.
- The Applicant hereby agrees to observe and comply with any and all fire regulations and codes, Provincial, Federal or other regulations, statues and by-laws pertaining in any way to the use of the facility.
- The Applicant waives the right to assign this Agreement in whole or in part, nor sublet all or any parts related to the leased space or building to any other person.