2. Fargo Park District archery tournament

all costs, attorneys fees, expenses and liabilities incurred and arising out of conducting the archery tournament. If any action or proceeding is brought against Owner by reason of such claim, Park District shall defend the same at Park District's expense. The Park District, as a material part of the consideration for purposes of procuring the Owner's consent, hereby assumes all risk of damage to property and injury to persons in, upon or about the Site from any cause arising out of Park District's conducting the archery tournament. Park District accepts the Site in its present condition "AS IS". 5. Subject to the right to terminate as described in paragraph 6 below, Owner hereby consents to such an archery tournament being conducted annually at the Site under the sponsorship of Park District. The terms and conditions of this Agreement, shall continue to define the rights, duties and obligations of the parties, specifically the indemnification provisions contained in paragraph 4 above. Park District agrees to give Owner not less than ninety (90) days written notice of the scheduled dates of the annual archery tournament, which notice shall be in writing and addressed to the following county official: Cass County Auditor 211 9th Street South PO Box 2806 Fargo, NO 58108-2806 6. Notwithstanding the continuing nature of this Agreement for sponsoring and conducting an annual archery tournament at the Site, the Owner acknowledges the Park District, in its sole discretion, will determine whether or not an archery tournament will be held in any given year. Owner recognizes that Park District begins its planning process for the archery tournament well in advance of the scheduled date. Therefore, Owner agrees that if it intends to terminate this Agreement to allow the archery tournament at the Site, Owner will given written notice to Park District on or prior to the end of the calendar year immediately preceding the year in which the archery tournament will be held. Notice shall be in writing and directed to the following Park District official: Fargo Park District Altn: Roger Gress 701 Main Avenue Fargo, NO 58103 7. Park District shall not have a right to assign or transfer its rights, duties and obligations under this Agreement without the written consent of the Owner, which consent may be withheld for any reason. 8. This Agreement shall be binding on the parties hereto and their successors and assigns.e 2