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Resolution of the Mayor and Council of Princeton to Authorize a License Agreement with McCarter Theater Center
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WHEREAS, the Municipality of Princeton (the “Municipality”) is the owner of the real properties located at 27 Franklin Avenue, Princeton, New Jersey, and 101 Walnut Lane, Princeton, New Jersey, which are designated on the municipal tax maps as Block 7301, Lot 1, and Block 31.01, Lot 105, respectively (collectively, the “Property”); and
WHEREAS, the Property is improved with the Williamson Hall and Lounge, the Bristol Chapel, the Cullen Center, the Playhouse, the Cottage, Dayton-Ithaca-Princeton Hall, Erdman Hall, the Hamilton House, the Relocatable-Classrooms, Seabrook Hall, a Storage Facility, the Student Center - WCC, the Talbott Library, Taylor Hall and other ancillary improvements (collectively, the “Buildings”); and
WHEREAS, McCarter Theatre Center (“McCarter”) is a non-profit, 501(c)(3) corporation, that provides a variety of educational and community-based services, including youth summer camps that offer theatre training and performance opportunities to campers (the “Program”); and
WHEREAS, McCarter has requested the Municipality grant it a license to use certain portions of the Property in connection with the Program (the “License”), as follows:
(collectively, the “License”); and
WHEREAS, the Municipality and McCarter have negotiated a license agreement (the “License Agreement”) to memorialize their respective rights and obligations with respect to the License; and
WHEREAS, the Mayor and Council of the Municipality of Princeton (the “Governing Body”) have found that the Program will promote the health, safety, morals and general welfare of the Municipality’s residents and the community; and
WHEREAS, the Governing Body desires to authorize the execution of the License Agreement, in substantially the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Council of Princeton, County of Mercer, State of New Jersey, as follows:
1. The License Agreement, in substantially the form attached hereto as Exhibit A, is approved. The Mayor is hereby authorized to execute, on the Municipality’s behalf, the License Agreement in substantially such form, with such editorial changes as the Mayor shall determine, in consultation with counsel, such determination to be conclusively evidenced by his execution of the License Agreement. The Municipal Clerk is hereby authorized and directed to attest to the execution of the License Agreement and to affix the corporate seal of the Municipality to the License Agreement.
2. This Resolution shall take effect immediately.
3. The foregoing recitals are hereby incorporated by reference as if fully repeated herein.
4. A copy of this Resolution and the executed agreement shall be placed on file in the Clerk’s Office and shall be available for public inspection.
Exhibit A
License Agreement
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (the “Agreement”), is made as of ________ ___, 2026 (the “Effective Date”), by and between the MUNICIPALITY OF PRINCETON having its principal office at 400 Witherspoon Street, Princeton, New Jersey 08540, County of Mercer, State of New Jersey (the “Licensor” or the “Municipality”), and MCCARTER THEATRE CENTER, a non-profit corporation of the State of New Jersey with a mailing address at 91 University Place, Princeton, NJ 08540 (“Licensee”, together with Licensor, the “Parties”).
WITNESSETH:
WHEREAS, the Licensor is the owner of the real properties located at 27 Franklin Avenue, Princeton, New Jersey, and 101 Walnut Lane, Princeton, New Jersey, which are designated on the municipal tax maps as Block 7301, Lot 1, and Block 31.01, Lot 105, respectively (collectively, the “Property”); and
WHEREAS, the Property is improved with the Williamson Hall and Lounge, the Bristol Chapel, the Cullen Center, the Playhouse, the Cottage, Dayton-Ithaca-Princeton Hall, Erdman Hall, the Hamilton House, the Relocatable-Classrooms, Seabrook Hall, a Storage Facility, the Student Center - WCC, the Talbott Library, Taylor Hall and other ancillary improvements (collectively, the “Buildings”); and
WHEREAS, the Licensee, a non-profit, 501(c)(3) corporation, provides a variety of educational and community-based services, including youth summer camps that offer theatre training and performance opportunities to campers (the “Camps”); and
WHEREAS, the Licensee desires to operate the Camps in certain areas of the Buildings on the Property (the “Program”), which areas are more particularly identified in Schedule 1 (the “Licensed Area”) on the dates and during the program hours set forth in Schedule 1 (the “Program Hours”); and
WHEREAS, the individual listed on Schedule 1 as Licensee Contact Person shall act as the principal contact person for Licensee and coordinate activities in connection with the Program (the “Licensee Contact Person”); and
WHEREAS, the individual listed on Schedule 1 as Licensor Contact Person shall act as the principal contact person for Licensor, with the authority to expand Program Hours in accordance with the terms hereof; and
WHEREAS, the Licensor has agreed, subject to the terms and conditions contained herein, to grant to Licensee and its employees, agents, and invitees, a revocable, non-exclusive license to enter and use the Licensed Area for the Program during the Program Hours (the “License”); and
WHEREAS, on June 22, 2026, the Mayor and Council of the Municipality of Princeton (the “Governing Body”) approved Resolution No. ___ to authorize the execution of this Agreement; and
WHEREAS, the Licensor and the Licensee desire to enter into this Agreement to memorialize the Parties’ rights and obligations with respect to the use of the Licensed Area for the Program.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and provisions set forth below, the Licensor and the Licensee do hereby agree as follows:
1. Recitals Incorporated. The above recitals are incorporated into this section of this Agreement as if fully set forth at length herein.
2. Grant of License. Subject to the provisions, covenants and agreements contained herein, Licensor hereby grants to Licensee, and the Licensee hereby accepts from the Licensor, the License.
3. Term. Upon its execution, this Agreement shall commence on August 3, 2026 and terminate on August 28, 2026, unless otherwise terminated sooner in accordance with the terms of this Agreement (the “Term”).
4. Use. The Licensee shall use the Licensed Area only and for no other purpose than the Program in accordance with the terms of this Agreement. The Licensee shall not occupy or use the Licensed Area or the Property or any part thereof, nor permit or suffer the same to be occupied or used for any purposes other than as expressly set forth herein or for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. The Licensee shall comply with all reasonable rules and regulations promulgated by the Licensor relating to the Licensee’s use of the Property, including those set forth in the Rules and Regulations attached hereto as Exhibit A, which may be amended from time to time by the Licensor.
5. Fee. In consideration of the Licensor executing this Agreement, the Licensee shall pay to the Licensor a license fee as set forth in Schedule 1 (the “Fee”). The Fee is payable in advance of the commencement of the Term to the Licensor at the payment address set forth in Schedule 1 (the “Payment Address”), which payment address, from time to time, may be changed by the Licensor by providing the Licensee with written notice of the new payment address.
6. Security Deposit. Upon execution of this Agreement, Licensee shall pay to the Licensor at the Payment Address a deposit in the amount specified in Schedule 1 (the “Deposit”). The Deposit delivered by the Licensee to the Licensor will be held by the Licensor, in a non-interest-bearing account, as security for the performance of Licensee’s obligations under this Agreement. The Deposit will not be an advance payment of any amount to be paid by Licensee to the Licensor, or a measure of Licensee’s liability for damages. The Licensor may, from time to time, while an event of default remains uncured, without prejudice to any other remedy, use all or a portion of the Deposit to satisfy past due amounts, or repay the Licensor for damages and charges for which Licensee is liable under this Agreement or resulting from Licensee’s breach of this Agreement. If the Licensor uses the Deposit as permitted by this Agreement, Licensee will immediately upon demand by the Licensor restore the Deposit to its original amount, and failure to do so will constitute a breach of this Agreement. Such use by the Licensor of the Deposit will not constitute a cure of the existing breach until such time as the entire amount owing to the Licensor is paid in full and the Deposit is fully restored. Provided that Licensee has performed all of its obligations under this Agreement, the Licensor will, unless otherwise provided in the Agreement, return any unapplied portion of the Deposit to Licensee within thirty (30) days of the termination of the Term.
7. Entry and Exiting the Licensed Area. The Licensee shall gain daily access to the Licensed Area by using a lock box located at the entry of the Licensed Area Building (the “Lock Box”). The Licensor shall provide the Licensee Contact Person with the necessary keys, codes, credentials, or other access devices for the Lock Box. The Licensee Contact Person shall maintain strict control over all such access credentials and shall ensure they are used solely to gain access to the Licensed Area during the Program Hours. At the conclusion of each day’s Program Hours (and in any event before the Licensee and its personnel leave the Property for the day), the Licensee shall ensure that the License Area is fully vacant, closed, secured, and locked, including (as applicable) closing and locking all doors, and other points of entry to the Licensed Area and the Buildings, and confirming that any keys, codes, or credentials used in connection with the Lock Box are returned to and secured in accordance with this Agreement. The Licensee shall promptly notify the Licensor of any inability to lock or secure the License Area, any malfunction of locks or access controls, or any suspected unauthorized access. Upon the termination of this Agreement, the Licensee shall ensure all access devices are returned to the Licensor.
8. Closure of Licensed Area; Pro Rata Refund.
A. Licensor’s Right to Close. The Licensor may temporarily or permanently close all or any portion of the Licensed Area at any time (a “Closure”) for repairs, emergency maintenance, safety, security, emergencies, or compliance with applicable law. The Licensor shall provide the Licensee with at least forty-eight (48) hours prior notice of a Closure, except in the case of an emergency, in which event Licensor shall provide Licensee with as much notice as is reasonably practicable. During any Closure, the Licensee’s right to access and use all or any portion of the affected portion of the Licensed Area shall be prohibited.
B. Pro Rata Refund. If a Closure results in Licensee being unable to use all of the Licensed Area, then, as the Licensee’s sole and exclusive remedy, the Licensor shall refund to the Licensee a pro rata portion of the License Fee equal to $200.00 per day that the Closure prevented the Licensee from using the Licensed Area (the “Refund”). Any Refund due under this Section shall be paid to the Licensee within thirty (30) days after the Closure.
C. No Other Liability. Except for the Refund expressly provided in this Section, the Licensor shall have no liability to the Licensee arising out of or relating to any Closure, including any costs, losses, or damages associated with interruption of use, relocation, or lost profits.
9. Access to License Area. The Licensee, its agents, employees, and invitees, shall have the right to ingress and egress to and from the Licensed Area over such other portions of the Property as may reasonably be necessary to access the Licensed Area. In accessing the Licensed Area, the Licensee its agents, employees, and invitees, shall not interfere with other existing or proposed uses or activities on the Property.
10. “AS-IS” Condition. The Licensee has examined the Licensed Area and the Property and has entered into this Agreement, “AS IS,” without any representation on the part of the Licensor as to the conditions thereof.
11. Maintenance of License Area. The Licensee shall keep the Licensed Area in a neat, clean, and orderly condition. The Licensee shall report to the Licensor any damage to the Buildings, the Property and/or the Licensed Area within twenty-four (24) hours of its knowledge of the damage.
12. Entry by Licensor. The Licensee shall permit the Licensor, its agents or representatives, to enter the Licensed Area, at any time during the Program Hours to examine, inspect and protect the Licensed Area and/or the Buildings n the case of threat to life or property, provided that, in each case, the Licensor provides the Licensee with two (2) days written notice of such entry (except in the case of an emergency).
13. No Assumption of Responsibility. The Licensor assumes no responsibility for any personal property or the proper use of the Licensed Area, the Buildings, and/or the Property by the Licensee’s agents, employees, and/or invitees.
14. Licensee’s Representations. The Licensee warrants and represents that:
A. The Licensee is and will continue to be a non-profit corporation organized, validly existing and in good standing under the laws of the State of New Jersey, and that it has received and will do all things necessary to maintain a determination from the Internal Revenue Service that it meets the requirements of Section 501(c)(3) of the Internal Revenue Code, and that it has all requisite corporate power and authority to execute, deliver and perform this Agreement.
B. This Agreement has been authorized by all necessary corporate action on the part of the Licensee and has been or will be duly executed and delivered by the Licensee, and assuming due execution and delivery by the Licensor, constitutes a legal, valid, and binding of the Licensee enforceable against the Licensee in accordance with its terms.
C. The execution and delivery of this Agreement, and compliance with the provisions hereof does not and will not conflict with or constitute a violation or default under the Licensee's Corporate Charter, By-Laws, or any indenture, mortgage, deed of trust or other agreement or instrument to which the Licensee is bound, or to the best knowledge of the Licensee, any statute or order, rule or regulation of any court or governmental agency or body having jurisdiction over the Licensee or of its activities or properties.
D. The Licensee warrants and represents that no officer, agent, employee or representative of the Licensor has received any payment or other consideration for the making of this Agreement and that no officer, agent, employee or representative of the Licensor has any personal interest, directly or indirectly, in the Licensee, this Agreement or, to the knowledge of the Licensee, in the proceeds thereof.
15. Independent Contractor. In performance of this Agreement, the Licensee is acting as an independent contractor. Nothing contained in this Agreement will be construed to create a joint venture or partnership, or the relationship of principal and agent, or employer and employee, between the Licensee and the Licensor or between the Licensee’s employees, contractors or agents and the Licensor. The Licensee’s employees, contractors or agents, are not Licensor employees, contractors or agents and the Licensee shall continue to be fully responsible for their acts.
16. Employees’ of Licensee/Non-discrimination. The Licensee acknowledges and agrees that:
A. The Licensee’s employees, contractors or agents shall not be deemed to be employees, contractors or agents of the Licensor or any department thereof and that the Licensee alone is responsible for their work, labor or services, as well as for their direction and compensation. Nothing contained in this section or in any other provision of this Agreement shall (i) impose any liability or duty upon the Licensor to any person, firm, association or corporation employed or engaged by the Licensee as a coordinator, consultant or independent contractor or in any other capacity, or as an employee, contractor or agent of the Licensee or (ii) make the Licensor liable to any person, corporation, firm, association or to any governmental authority for any action, omission, liability, obligation or tax of whatsoever nature, including but not limited to unemployment insurance or Social Security taxes of the Licensee or its coordinators, consultants, independent contractors, employees or agents.
B. The Licensee shall comply with all applicable laws, rules, regulations and orders regarding non-discrimination and shall file such reports as may be required by law.
17. Assignment by Licensee. No assignment, sublicense or encumbrance of the Buildings, the Licensed Area, or the Property may be made by the Licensee without the prior written consent of the Licensor, which consent shall be in the Licensor’s sole discretion. If such consent is granted, each assignee or successor to the Licensee shall assume and be deemed to have assumed this Agreement and shall be and remain liable jointly and severally with the Licensee for the performance of all the terms, covenants, conditions and agreements herein.
18. Intentionally omitted.
19. Compliance with all Laws: The Licensee shall, at the Licensee’s own cost and expense, promptly comply with all laws, ordinances, rules, regulations, requirements and directives of the Federal, State, County and municipal governments or public authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the Licensee’s use of the Buildings, the Licensed Area, and the Property.
20. Licensee Indemnification. The Licensee shall indemnify, defend and hold harmless the Licensor, and its respective affiliates, officials, partners, principals, members, agents, servants, employees, contractors and invitees (individually, a “Licensor Indemnitee” and collectively, the “Licensor’s Indemnitees”) from and against any and all costs, losses, expenses, claims, mechanics or other liens, actions, proceedings and judgments suffered or incurred by any Licensor Indemnitee(s) (together with all fees and expenses in connection therewith, including reasonable attorneys’ fees and disbursements) arising from or out of the negligent acts, willful omissions or willful misconduct of the Licensee, its agents, contractors, servants, employees, members, guests, licensees and invitees conducted in, upon, about or that are in any way related to the use and occupation of any portion of the Buildings, the Licensed Area, or the Property, or by reason of any breach or default of this Agreement by the Licensee; provided that the Licensee’s obligations under this paragraph shall not extend to any matters resulting from the willful misconduct of any Licensor Indemnitee. The provisions of this Section shall survive the expiration or other termination of the Term.
21. Insurance. The Licensee shall maintain insurance in accordance with the requirements contained in Exhibit B, which is attached hereto. The Licensee shall provide the Licensor with the certificate of insurance required in Exhibit B prior to the commencement of the Term.
22. Limitation of Liability. To the fullest extent permitted by law, in no event shall the Licensor be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, loss of business, or interruption of operations, arising out of or related to this Agreement, even if advised of the possibility of such damages. The Licensor’s aggregate liability shall not exceed the Fee, except with respect to claims arising from the Licensor’s gross negligence or willful misconduct.
23. Termination. The Licensor, in its sole discretion, may revoke the License and terminate this Agreement, by providing Licensee with ten (10) days written notice.
24. Surrender. Upon the expiration of the Term, or on the sooner termination thereof, the Licensee shall peaceably and quietly leave, surrender and yield up unto the Licensor the Licensed Area free of occupants, and Licensee’s equipment, goods or other personal property. Any equipment, goods or other personal property of the Licensee or the Licensee’s agents, employees, contractors, guests, licensees, and/or invitees that has not been removed by the date of the termination of this Agreement, shall be considered as abandoned and the Licensor shall have the right, but not the obligation, without any notice, to sell or otherwise dispose of same, and shall not be accountable to the Licensee or the Licensee’s agents, contractors, employees, guests, licensees, and/or invitees for any part of the proceeds of such sale, if any.
25. Disputes. If there is a dispute concerning the Parties’ performance under this Agreement, the Parties will attempt to resolve the dispute amicably between them. If the Parties cannot resolve the issue amicably, the Parties will mediate the dispute before a third-party mediator jointly agreed to by the Parties. Each Party will bear its own cost of participating in mediation and the Parties will share the cost of the mediator equally. If the dispute is not resolved through mediation, either Party may then pursue any available legal or equitable remedy to resolve the dispute.
26. Notices. Notices hereunder shall be in writing and shall be delivered by certified mail, return receipt requested, or by recognized overnight carrier such as Federal Express, addressed as provided for at the beginning of this Agreement.
27. Entire Agreement. This Agreement represents the entire understanding between the Parties with respect to the subject matter expressed herein. Neither prior or contemporaneous written statements, nor any prior, contemporaneous or future oral agreements shall be admissible to interpret, alter, modify or amend this Agreement.
28. Amendments. This Agreement may only be altered or amended by a subsequent writing duly authorized and executed by the Parties.
29. Waiver. No waiver, in whole or in part, of any right or remedy provided for in this Agreement shall operate as a waiver of any other right or remedy, except as may be otherwise provided herein.
30. Severability. If any of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
31. Drafting Ambiguities and Interpretation. In interpreting any provisions of this Agreement, no weight shall be given to, nor any construction or interpretation be influenced by, the fact that counsel for one of the Parties drafted this Agreement. Each Party recognizes that it has had an opportunity to review this Agreement with its counsel and have contributed to the final form of same. If any clause, provision or section of this Agreement shall be determined to be apparently contrary to or conflicting with any other clause, provision or section of this Agreement, then the clause, provision or section containing the more specific provisions shall control and govern with respect to such apparent conflict.
32. Governing Law. This Agreement has been made, executed and delivered within, and pursuant to the laws of, the State of New Jersey. The laws of the State of New Jersey shall govern all matters arising out of or relating to this Agreement, including but not limited to its validity, interpretation, construction, performance and enforcement.
33. Venue. The Parties agree that venue and jurisdiction regarding any matter pertaining to this Agreement shall be in the Superior Court of New Jersey, Mercer County, Law Division and hereby consent to same.
34. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed an original for all purposes.
35. Expansion of Program Hours. The Licensee may submit a request in writing to the Licensor (“Request to Extend”) to request to expand the Program Hours during the Term in exchange for Licensee’s payment, in advance, to Licensor of a pro rata increase in the amount of the Fee equal to $750 per week for the use of the spaces set forth in Schedule 1 hereof. The Request to Extend shall be in writing and delivered to the Licensor’s Administrator, Bernard P. Hvozdovic, Jr., via email or overnight carrier. The Licensor’s Administrator, in his sole discretion, may administratively approve or deny the Request to Extend and shall advise the Licensee, in writing, of his decision. Such expansion of the Program Hours shall be subject to all of the terms and provisions of this Agreement.
[Signatures to Appear on the Next Page]IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the date listed above.
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WITNESS: |
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MUNICIPALITY OF PRINCETON |
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__________________________ |
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By: __________________________ |
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Name: Mark Freda |
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Title: Mayor |
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WITNESS: |
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MCCARTER THEATRE CENTER |
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__________________________ |
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By: __________________________ |
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Name: Martin Miller |
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Title: Executive Director |
SCHEDULE 1
A. Fee: $4,000.00
B. Deposit: $1,000.00
C. Camp Sessions:
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Program Hours |
Licensed Area |
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August 3, 2026 to August 7, 2026 |
8:00 A.M. to 4:30 P.M. |
Gilson Performing Center and the Laura Lee Thompson McClure Classroom |
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August 10, 2026 to August 14, 2026 |
8:00 A.M. to 4:30 P.M. |
Gilson Performing Center and the Laura Lee Thompson McClure Classroom |
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August 17, 2026 to August 21, 2026 |
8:00 A.M. to 4:30 P.M. |
The Playhouse, Gilson Performing Center, Nancy Simmons Classroom and Laura Lee Thompson McClure Classroom |
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August 24, 2026 to August 28, 2026 |
8:00 A.M. to 4:30 P.M. |
The Playhouse, Gilson Performing Center, Nancy Simmons Classroom and Laura Lee Thompson McClure Classroom |
D. Payment Address:
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Municipality of Princeton |
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Department of Infrastructure and Operations |
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400 Witherspoon Street |
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Princeton, New Jersey 08540 |
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Attn: Deanna Stockton |
E. Contact Persons:
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Licensee Contact Person |
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Licensor Contact Person |
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Name: |
Martin Miller |
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Name: |
Deanna Stockton |
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Title: |
Executive Director |
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Municipal Engineer / Deputy Administrator |
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Phone: |
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Phone: |
(609) 921-7077 |
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Email: |
martin@mccarter.org |
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Email: |
dstockton@princetonnj.gov |
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Address: |
McCarter Theatre Center 91 University Place, Princeton, NJ 08540 |
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Address: |
Municipality of Princeton Dept. of Infrastructure and Operations 400 Witherspoon Street Princeton, New Jersey 08540 |
Exhibit A
Rules and Regulations
1. Fire Codes/Permitted Occupancy. The Licensee shall observe all fire codes, and the Licensee must assure that the number of employees, guests, contractors and invitees will not exceed the number of occupants permitted within any building or interior area that is subject to occupancy by a maximum number of persons.
2. Licensed Area Left Clean and Orderly. The Licensee shall ensure the Licensed Area and the Equipment are left clean and orderly.
3. Parking. The Licensee shall ensure that all employees, guests, invites, contractors, and vendors park any vehicles in designated spaces.
4. Alcohol Prohibited. Alcohol is prohibited to be consumed at any time on the Property or in the Buildings, including the Licensed Area, unless specific approval is granted by the Mayor and Council via resolution at a public meeting. Should this approval be granted by the Licensor, the Licensee shall agree to indemnify and hold harmless the Licensor from any claims for bodily injury, property damage, automobile liability, workers compensation and personal injury liability arising from the sale, distribution, serving or consumption of alcohol. The indemnification and hold harmless shall include any claims arising from the sale, serving, distribution or consumption of alcohol to underage (age 21) persons. The Licensee shall agree to comply with all terms and conditions of the approval granted by Mayor and Council, including adherence to any regulations/restrictions imposed by the State of New Jersey Division of Alcoholic Beverage Control.
5. Smoking and Drugs Prohibited. No person shall engage in smoking on the Property or in the Buildings, including the Licensed Area. No person shall use, possess or consume any narcotics or drugs on the Property or in any Building.
6. Advertising. No person shall post, paint, affix, distribute, hand out, deliver, place, cast, leave about or display any bill, billboard, placard, ticket, handbill, circular, flag, banner, transparency, target, sign or any other matter for advertising purposes, nor shall any person operate any musical instrument, or use any sound-making or amplifying device for advertising purposes or for the purpose of attracting attention to any exhibition, show, performance or other display on the Property or in the Buildings, including the Licensed Area.
7. Peddling and soliciting. No person shall solicit for any purpose, nor shall any person sell or offer for sale any object or merchandise or any other thing on the Property or in the Buildings, including the Licensed Area.
8. Explosives. No person shall bring into, or have in possession, at said the Property or in the Buildings, including the Licensed Area, any fireworks or any other explosives, including any substance, compounds, mixture or article having properties of such a character that alone or in combination or conjunction with other substances or compounds, may decompose suddenly and generate sufficient heat, gas or pressure, or any or all of them to produce rapid flaming, combustion, or administer a destructive blow to surrounding objects.
9. Firearms and weapons. No person shall carry or possess firearms of any description; or air rifles, spring guns, bows and arrows, slings or any other form of weapon (concealed or not); or any instrument that can be loaded with and fire blank cartridges; or any kind of trapping device on the Property or in the Buildings, including the Licensed Area.
10. Property damage. No person shall injure, deface, displace, remove, fill in, raise, destroy, damage or tamper with the Property, the Buildings, including the Licensed Area, or any personal property located on the Property, real or personal, including the Equipment.
11. Program Hours. No person shall enter or remain on the Property or in the Buildings, including the Licensed Area, prior to or after the Program Hours, except as may be authorized in writing by the Licensor.
12. Minors. Unaccompanied minor(s) shall not be permitted on the Property or in any Building, including the Licensed Area, unless accompanied by a parent or guardian or custodian.
13. Gambling Prohibited. No person shall gamble on the Property or in the Buildings, including the Licensed Area
14. Access. No person shall enter or leave the Property, the Buildings, including the Licensed Area except at established entrances and exits.
15. Public Orders. No person shall fail to obey, or interfere with a police officer, animal control officer or other board or Licensor’s employee in the proper performance of duties on the Property the Property, the Buildings, including the Licensed Area.
16. Non-Discrimination. Licensee shall accommodate individuals regardless of age, sex, race, color, religion, creed, national origin, physical or mental disabilities, political affiliation, affectional preference, sexual orientation, marital status or any other status protected by law. The Licensee shall not discriminate on the basis of disability in admission, access, treatment or employment in its programs or activities.
Exhibit B
Insurance Requirements
The Licensee shall maintain insurance in accordance with the following requirements:
A. Insurance Types and Amount:
1. General liability insurance with limits of liability of not less than $1,000,000.00 per “Occurrence” and $2,000,000.00 annual aggregate for injury to persons including death and for damage to the property of others. The Licensor, its officers, employees, and agents as additional insured as an additional insured on a primary and non-contributory basis
2. Workers’ Compensation insurance with not less than statutory minimum limits.
3. Employers’ Liability Insurance with minimum limits of at least $500,000.00 bodily injury by disease per employee, $1,000,000.00 bodily injury by disease aggregate, $500,000.00 bodily injury by accident and with an all states endorsement.
The limits cited under each insurance requirement listed above are established minimums; and it is the sole responsibility of the Licensee to purchase and maintain additional insurance that it may determine to be necessary for its own purposes, in relation to this Agreement or its other operations.
B. Additional Requirements.
1. All insurance and insurance policies required to be maintained pursuant to this Section shall:
a. Be written with insurance companies having an “AM Best rating of at least A-:VII or the S&P equivalent, and be authorized to do business in the State of New Jersey and approved, in writing, by the Licensee;
b. Be written with a policy form satisfactory to the Licensor;
c. If obtainable, provide that the insurance policies may not be amended, modified, cancelled, reduced below the coverages required in this Section, or terminated for any reason, including but not limited to a failure to pay premiums and/or expiration by its terms, without providing Licensor with at least thirty (30) days' prior written notice or at least ten (10) days’ prior written notice for failure to pay premiums;
d. Be primary and non-contributory with respect to the insurance or self-insurance or any other available insurance whether collectible or not;
e. Be written on an “Occurrence” policy form basis for Commercial General Liability insurance policy;
f. Eliminate any co-insurance requirement in the policy through the attachment of an agreed amount endorsement; activation of an agreed value option, or as is otherwise appropriate under the particular form;
g. Provide that any losses payable thereunder shall be payable notwithstanding any act of negligence, or be endorsed to provide cross-liability coverage for all coverages required in this Section; and
2. Licensee shall, prior to the commencement of the Term, furnish to Licensor a Certificate of Insurance evidencing all of the herein specified policies of insurance with an insurer(s) and with limits meeting the requirements of this Agreement.
3. Nothing in the Agreement shall constitute a waiver by the Licensee or the Licensee’s insurer of any statutory limits or exceptions on liability including, but not limited to, any limitation or exclusion of liability that may be available under the New Jersey Tort Claims Act.