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83/15/2882 12:22 784-788-8858 HARTSELL & WHITE PAGE 84
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<br />no apprOval or other action by any governmental authority or agency, or any other individual or
<br />entity, is required in connection herewith, unless such authority and/or approval has b~n
<br />obtained.
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<br /> 3. Insurance. Each party will maintain the following type of insurance and with the
<br />following minimum limits: Comprehensive General Liability ltodily Injury & Property Damage
<br />(i.ncluding advertisers liability): $I,000,000 each occurrence; Comprehensive Automobile
<br />Liability Bodily Injury & Property Damage: $1,000,000 each occurrence; Workers'
<br />Compensation: Statutory Benefits required in the state of North Carolina.
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<br /> 4. Indemnity. The parties hereto shall indemnify, defend, and hold harmless the
<br />other party (the "Indemnified Party", its affiliates and their respective officers, directors,
<br />employees and representatives, and the successors and assigns of any of them, .from and against,
<br />and reimburse, thom for, ali claims, damages, costs and expenses, including, without limitation,
<br />interest penaltieS; Court costs and reasonable attorneys' fees and expenses as they are incurred
<br />and as awarded, resulting from or attributable to: (a) any breach of any representation, warranty,
<br />covenant, obligation or other agreement Contained in this Agreement; (b) may failure of such
<br />party to comply with any applicable laws, statutes, ordinances or re~lations; (c) any act or
<br />omission or n,egligence of such party or its employees, agents, contractors or invitees; and/or (d)
<br />any claim for. Personal injury or property damage or otherwise brought on behalf of any third
<br />pmty person, .finn or corporation against the Indemnified Party as a result of or in connection
<br />with services :provided by the indemnifying party trader this Agreement, which claim does not
<br />result from thc intentional acts Or the gross negligence of thc l. ndcmnified Party. All of thc
<br />foregoing indc ~mnities shall survive the termination of this Agreement.
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<br /> 5. . Trademarks. Cabarms hereby grants to Infinity and Infinity hereby accepts from
<br />Cabarrus, for the Term of this Agl'cement, the right to use the names, designs, illustrations, loges
<br />and trademarks of thc Center solely and exclusively in connection with the promotion of an
<br />Event; provided, however, that Infinity shall be bound by any restrictions which Cabarrus
<br />informs Infinity of in advance and in writing.
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<br /> 6. ~ ~abitmis Responsibilities. Cabarms agrees that it shall bo responsible for the
<br />following:
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<br />C.
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<br />Cabarms shall advise Event Sponsors contacting Cabarms, of Infinity and
<br />the names of contacts at Infinity. Provided Infinity obtains the written
<br />approval of an Event Sponsor, Cabarms will provide Infinity with
<br />exelu-~ive rights to set up a booth/display within the building the Center
<br />with regard to applicable concerts, conventions and tradeshows that are
<br />held at the Center September 16, 2002-December 31, 2003.
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<br />Cabarrus will provide reasonably designated areas for Infinity to hang
<br />signage during concert, convention and tradeshows.
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<br />Infinity Radio Station loges may be displayed on MmxlU~ Signage
<br />located in front of the Center during Events sponsored solely and
<br />excIusively by Infinity,
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