2. Fargo Park District archery tournament

PERMISSION AND INDEMNIFICATION AGREEMENT THIS PERl\HSSION AND INDEMNIFICATION AGREEMENT ("Agreement") is made and entered into this ~ day of February, 2006, by and between THE PARK DISTRICT FOR THE CITY OF FARGO, a political subdivision of the State of North Dakota ("Park District") and CASS COUNTY, NORTH DAKOTA, a political subdivision ("Owner"). WHEREAS, the parties entered into an Indemnification Agreement dated on or about May 16,2005, wherein the Owner granted to the Park District the right to sponsor and conduct an archery tournament on property owned, in part, by the Owner and further identified on the attached Site Plan (the "Site"); and WHEREAS, the Park District proposes to again hold an archery tournament this year scheduled for May 20 and 21, 2006, at the Site, and to hold such an archery tournament annually thereafter; and WHEREAS, Owner has expressed a concern with regard to potential liability for injuries or other damage that may occur at the Site during the archery tournament conducted by the Park District. NOW, THEREFORE, in consideration of the above recitals and the terms and conditions of this Agreement, the parties agree as follows: I. Owner hereby consents to Park District sponsoring and conducting the archery tournament on the Site. 2. Park District shall have access to the Site for the days of May 20 and 21, 2006, for the purposes of conducting an archery tournament, the two (2) days immediately preceding the tournament for the purposes of setting up the Site, and for one (1) day immediately following the tournament for the purposes of breaking down and clearing the Site. Park District may take reasonable measures to sign the Site during the tournament and to place such barriers and control access to the Site in such a manner as to provide a safe environment for the participants and spectators. On the request of the Owner, Park District will provide Owner with information regarding its Site control measures. 3. Following the tournament, Park District will cause the Site to be picked up and cleaned to a condition substantially the same as it was prior to the holding of the tournament. 4. Park District agrees to indemnify and hold Owner harmless from and against any and all claims arising from Park District's use of the Site for conducting the archery tournament and from any activity or work done at the Site for purposes of readying the Site for the tournament. This indemnification and hold harmless shall include any claims made by agents or employees of Park District, participants in the archery tournament and spectators. Park District further agrees to indemnify and hold Owner harmless from any and all claims arising from any act or negligence of Park District, or any of its agents, contractors or employees, and from and against