PERMIT 9V1\ 4 THIS PERMIT is made this day of (1 2012, by and between TARRANT REGIONAL WATER DISTRICT, a Water

Control and Improvement District, acting herein by and through its Director of Real Property, hereinafter referred to as the District, and The Orginal Mud Run acting herein by and through its Race Director, cOYtaJOX) hereinafter referred to as Mud Run
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ARTICLE 1 PURPOSE AND TERM OF PERMIT In consideration of the mutual covenants and agreements herein contained, the District does hereby grant unto Mud Run, at Mud Runs sole cost, expense and risk, the nonexclusive 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 areas designated 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 for this Permit 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 event along the designated areas of the Trinity River Floodway on April 14, 2012. Mud Run shall not operate under the Permit for any other purpose or purposes without the express written consent of the District. B. Prohibited Uses. Mud Run will not use, or permit the use of the privileges granted under this Permit in any manner that constitutes a nuisance, nor will Mud Run use, or permit the use of, the privileges granted under this Permit for any illegal or immoral purpose or purposes. Mud Run, at its sole cost and expense, will use its best efforts to comply, with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies, specifically including, but not limited to, the U.S. Army Corps of Engineers, Streams and Valleys Committee, City of Fort Worth Parks and Community Services Department, the United States Environmental Protection Agency, The Texas Commission on Environmental Quality and the General Ordinance of the District. C. Restoration of Premises. Mud Run shall keep the premises in a clean, orderly and sanitary condition. All garbage, trash, rubbish, waste materials, as well as all cones, barricades, signs, portable toilets, trash receptacles, tents, tables, chairs and any other equipment and/or improvements placed on the premises by Mud Run, its officers,

directors, employees, agents, licensees or invitees, must be removed by Mud Run and the premises must be restored to their original condition within twelve (12) hours from the conclusion of the racing event. No waste matter of any nature may be buried on the premises. In the event that Mud Run fails to perform its obligation to restore the said premises to the reasonable satisfaction of the District, then after notice from the District, District shall have the right to cause such restoration to be performed. In such event, Mud Run shall reimburse the District for the expense of said restoration work. Such reimbursement shall be due and payable in full by Mud Run to the District within ten (10) days after written notice from the District to Mud Run of the cost of such restoration work. D. Right of Entry and Inspection. The District and the Districts agents, representatives and employees shall have the right to enter the permit area at all times for any purpose reasonably necessary to ensure Mud Runs compliance with the Districts General Ordinance and the covenants and provisions of the Permit or for any purpose connected with the Districts operation as a Water Control and Improvement District. ARTICLE 4 INSURANCE AND INDEMNITY A. Assumption of Risk. Mud Run recognizes the inherent dangers in 5 &10K events and expressly acknowledges the dangers involved in conducting the activities permitted hereunder with respect to 5 & 10K events, running and the general public. Mud Run expressly assumes all of the risks of damage to person or property that may or could be caused in conducting the activities authorized hereunder. Mud Run expressly agrees that it will assert no claim against the District arising out of or in any way connected with any of the activities authorized under this Permit. B. Liability Insurance. Mud Run, at Mud Runs sole cost and expense, will provide and maintain in full force and effect during the term of this Permit, liability insurance covering both the District and Mud Run, for any liability for property damage or personal injury or death arising out of or in connection with the operation of said 5 &1OK event on the Trinity River Floodway or the condition of such floodway. Such liability insurance must be in the amount of at least $500,000.00 per person and $1,000,000.00 per occurrence for bodily injury or death and $100,000.00 per occurrence for injury to or destruction of property. C. Authorized Carriers. The insurance required by this Article 4 must be carried by one or more insurance companies authorized to transact business in the State of Texas and approved by the District. D. Certificate(s) of Insurance. Mud Run shall provide the District with one or more Certificates of Insurance as evidence of the policy or policies required by this Article 4, which Certificate(s) shall reflect that the District is designated as a named insured in the policy or policies. The Certificate(s) shall provide that the policy or policies evidenced thereby cannot be canceled without thirty (30) days prior written notice to the District. E. Indemnification of the District. Mud Run agrees to indemnify and hold the District, and the Districts officers, directors, agents, servants and employees, harmless from and

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 or default on the part of Mud Run in the performance of any covenants or agreements contained 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 arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring during the term of this Permit as a result of any act of omission of Mud Run or of Mud Runs agents, directors, officers, servants, employees, contractors, licensees, sublessees or invitees. In case of any action or proceeding brought against the District by reason of any such claim, Mud Run, upon notice from the District, agrees to defend the action or proceeding by counsel acceptable to the District, at Mud Runs sole cost and expense. ARTICLES ASSIGNMENT AND SUBLEASE A. Assignment and Subletting Prohibited. Mud Run may not sublet, assign, encumber or otherwise transfer this Permit or any right or interest in this Permit without the prior written consent of the District. ARTICLE 6 DEFAULT AND TERMINATION A. Default. If at any time during 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 order Mud 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 to Mud Run, to terminate this Permit for any reason deemed necessary by reason of its function as a Water Control and Improvement District.

ARTICLE 7 NOTICES AND ADDRESSES All notices required under this Permit must be given by delivering the same to the proper party in person or by certified mail or registered mail, addressed to the proper party at the following addresses: TARRANT REGIONAL WATER DISTRICT, A Water Control and Improvement District 800 East Northside Drive Fort Worth, Texas 76102-1097 MUDRUN, LLC 1805 Kris Street Mansfield, Texas 76063 Either party may change the address to which notices are to be sent it by giving the other 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. Th undersigned District and Mud Run execute this Permit in multiple originals on the IP day of X.9vt 2012, at Fort Worth, Tarrant County, Texas, effective as April 14,2012. TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District

R. Steve Christian Director of Real Property

ACORO

DATE (MMJDD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

04/04/2012

THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON ThE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithE certificate holder is an ADDITIONAL INSURED, the pollcyes) must be endorsed. It SUBROGATION IS WAIVED subjecL to 1 the terms and conditions of the policy, certaIn policies may requIre an endorsement. A statement on this certIfIcate does not confer rights to the certificate holder In lIeu oF such Endorsement(s).
PRODUCER

RCa Specialty
401 Edgewater Place, Suite 400

CONTAm NAME: PHONE

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Wakefield, MA 01880

ADDRESS:______________________________________________________ PNUDUCER CuST0MERID#; HAlO INsuRenis) AFFORDING COVERAGE

INSURED
Mud Run, LLC 1805 Kris St Mansfield, TX 76063

INSURERA:
INSUFIERE: INSLIRERC: II1SURERD: INSURER C INSURER F:

Lexington Insurance Company NationaL Union Fire insurance Company

19437

REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INER urn A TYPE OF INSURANCE GENERALLIABIISTY COMMERCIAL GENERAL LIABILITY occun I CLAIMSMAOE DDLsu!r, wsmlwvo POLICYNUMEER POEICTEFFI POLICY EXP (MMIDDFYYYY) IMWDOIVVYV)

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10/16/2011

1011612012

BODILYINJURY(Porpcraan) PROPERTY DAMAGE (Per accidenll

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ANY PROPRIETDRIPARTNERIEXECISrIVE OFFICERINEMEER EXCLUDED?

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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Allach ACORD 101, AddItIonal flaInie,ke Schedule, II more space Is requIred)

The Certificate I-loWer, Campus Investors 0 BuiLding, L.P., BPG DeveLopment Company, LP., and BPG MC-Gp, LLC are added as Additional Insured in regards to our Insureds operations only. This coverage is with respect to Two Circle-Mud Run event to be held 4/8/20124/11/2012 at La Grave Field/Trinity River Trait Fort Worth lx

CERTIFICATE HOLDER TRWD

800 East Northside Drive Port Worth, TX 76102

CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.

AUThORIZED REPRESENTATIVE

1988-2009 ACORD CORPORATION. All rIghts reserved.

ACORD 25 (2009/09)
The ACORD name and logo are registored marks at ACORD

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