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prior written permission of the County. The County may require that any changes or improvements be made only after consultation with an architect and according to a general plan of organized historic renovation and restoration. C) Insurance. Each of Arts Council and Historic Cabarrus will maintain liability and casualty insurance on the Historic Courthouse and Grounds to cover all risks associated with its respective lease and use of the Historic Courthouse and the Grounds, including but not limited to consumption of alcoholic beverages of any kind at the Historic Courthouse or on the Grounds, its personal property and that of other persons located in the Historic Courthouse with the permission of such party. Coverage amounts shall be in the discretion of the County's Risk Manager and shall name the County as an additional insured with reference to the County's ownership of the Historic Courthouse. 10. Representations and Warranties The County makes no representations or warranties whatsoever, either express or implied, concerning the Historic Courthouse or the Grounds. Both Arts Council and Historic Cabarrus accept the Historic Courthouse and the Grounds in their "as is" condition. 11. Indemnification Each of Arts Council and Historic Cabarrus shall indemnify and hold harmless the County and its elected officials, officers, employees and agents from any and all liabilities, losses, damages, expenses or costs (including attorney's fees) arising from its respective lease and use of the Historic Courthouse and Grounds, including the acts or omissions of its respective members, patrons and guests. This indemnification also covers any work or improvements to the Historic Courthouse and Grounds at the request of either Arts Council or Historic Cabarrus. 12. Assignment and Subletting Neither Arts Council nor Historic Cabarrus may assign its rights under this Agreement nor sublet the Historic Courthouse and Grounds without the prior written permission of the County, in its sole discretion. 13. This document contains the entire understanding and agreement of the parties with regard to the lease and usage of the Historic Courthouse and Grounds. There are no separate provisions or conditions, either oral or written. No amendment or modification to this Agreement shall be effective unless in writing and signed by all the parties. 14. This Agreement is governed by North Carolina law. IN WITNESS, the parties have executed this Agreement through their duly authorized officials, as authorized by their respective governing boards. CABARRUSCOUNTY LM Michael K. Downs County Manager Attachment number 1 \n E -1 Page 40