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Mud Run Permit 4-14-2012

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    PERMIT

    THIS PERMIT is made this day of ( 1V1\ , 2012, by and betweenTARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District,acting herein by and through its Director of Real Property, hereinafter referred to as theDistrict, and The Orginal Mud Run acting herein by and through its Race Director,?a. cOYtaJOX) , hereinafter referred to as Mud Run

    ARTICLE 1

    PURPOSE AND TERM OF PERMIT

    In consideration of the mutual covenants and agreements herein contained, the Districtdoes hereby grant unto Mud Run, at Mud Runs sole cost, expense and risk, the non-exclusive right to conduct an event along the Trinity River Floodway on April 14, 2012.The event shall be conducted along the Trinity River Floodway only in the areasdesignated on Exhibit A attached hereto and incorporated herein for all purposes.

    ARTICLE 2

    FEE

    No fee as such shall be due under the terms of this Permit . The consideration fo r th isPermit is the performance by Mud Run of the covenants and promises herein contained.

    ARTICLE 3

    USE OF PERMIT

    A. Permitted Uses. This permit gives Mud Run the privilege of conducting an eventalong the designated areas of the Trinity River Floodway on April 14, 2012. Mud Runshall no t operate under the Permit for any other purpose or purposes without theexpress written consent of the District.

    B. Prohibited Uses. Mud Run will no t use, or permit the use of the privileges grantedunder this Permit in any manner that constitutes a nuisance, nor will Mud Run use, orpermit the use of, the privileges granted under this Permit for any illegal or immoralpurpose or purposes. Mud Run, at its sole cost and expense, will use its best efforts tocomply, with all applicable laws and ordinances and with all applicable rules andregulations of governmental agencies, speci fica lly including, but not limited to, the U.S.Army Corps of Engineers, Streams and Valleys Committee, City of Fort Worth Parksand Community Services Department, the United States Environmental ProtectionAgency, The Texas Commission on Environmental Quality and the General Ordinanceof the District.

    C. Restoration of Premises. Mud Run shall keep the premises in a clean, orderly andsanitary condition. All garbage, trash, rubbish, waste materials, as well as all cones,barricades, signs, portable toilets, trash receptacles, tents, tables, chairs and any otherequipment and/or improvements placed on the premises by Mud Run, its officers,

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    against any and all claims, demands, liabilities, obligations, damages, penalties, costs,charges and expenses, arising during the term of this Permit from any condition of the 5& 10K event, or arising from any use of District property, or arising from any breach ordefault on the part of Mud Run in the performance of any covenants or agreementscontained in this Permit, or arising from the conduct or management of the 5 & 10K

    event, or arising from any act of negligence of Mud Run, or any of its agents, directors,officers, employees, contractors, servants, sublessees, licensees or invitees, or arisingfrom any accident, injury or damage whatsoever caused to any person, firm orcorporation occurring during the term of this Permit as a result of any act of omission ofMud Run or of Mud Runs agents, directors, officers, servants, employees, contractors,licensees, sublessees or invitees. In case of any action or proceeding brought againstthe District by reason of any such claim, Mud Run, upon notice from the District, agreesto defend the action or proceeding by counsel acceptable to the District, at Mud Runssole cost and expense.

    ARTICLES

    ASSIGNMENT AND SUBLEASE

    A. Assignment and Subletting Prohibited. Mud Run may not sublet, assign, encumberor otherwise transfer this Permit or any righ t o r interest in this Permit without the priorwritten consent of the District.

    ARTICLE 6

    DEFAULT AND TERMINATION

    A. Default. If at any t ime dur ing the term of this Permit, Mud Run is in default under any

    provision of this Permit, the District has the right to revoke the said Permit and orderMud Run to immediately cease all operations on the Trinity River Floodway.

    B. Termination. The District reserves the right, upon ten (10) days prior written notice toMud Run, to terminate this Permit for any reason deemed necessary by reason of itsfunction as a Water Control and Improvement District.

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    ARTICLE 7

    NOTICES AND ADDRESSES

    Al l notices required under this Permit must be given by delivering the same to the properparty in person or by certified mail or registered mail, addressed to the proper party atthe following addresses:

    TARRANT REGIONALWATER DISTRICT,A Water Control and Improvement District800 East Northside DriveFort Worth, Texas 76102-1097

    MUDRUN, LLC1805 Kris StreetMansfield, Texas 76063

    Either party may change the address to which notices are to be sent it by giving theother party notice of the new address in the manner provided in this Article.

    ARTICLE 8

    TIME OF ESSENCE

    A. Time of Essence. Time is of the essence of this Permit. T h undersigned District andMud Run execute this Permit in multiple originals on the IP day of X.9vt2012, at Fort Worth, Tarrant County, Texas, effective as April 14,2012.

    TARRANT REGIONALWATER DISTRICT,a Water Control and Improvement District

    R. Steve ChristianDirector of Real Property

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