Exhibit 1. Non-exclusive License Agreement to Use Ranges, Training Areas, and Facilities


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  • ARIZONA ARMY NATIONAL GUARD

    NON-EXCLUSIVE LICENSE AGREEMENT

    TO USE

    RANGES, TRAINING AREAS, AND FACILITIES AGREEMENT NO.                                

    This License AGREEMENT, made and entered into this                       day of                                                  , 19            by and between the Adjutant General of the Arizona National Guard and                                                                                                                  _,  hereinafter referred to as licensee;

    WITNESSETH;

    The Adjutant General, in consideration of $1.00 and other good and valuable consideration, hereby grants a non-exclusive license to the licensee to use the ranges, training areas, and facilities described in the Arizona Army National Guard (AZ ARNG) TRAINING SITE REQUEST form, a copy of which is attached hereto.

    This non-exclusive license is granted to the licensee upon the following terms and conditions:

    1.        Licensee shall comply with AZ ARNG Regulation 350-6, AZ ARNG Pamphlet 350-6, and all applicable statutes, laws, ordi- nances, rules, and regulations of the United States and those adopted by the state, city, other body politic, and the Arizona Army National Guard which pertain to the use of the ranges, training areas, and facilities described in the attached TRAIN- ING SITE REQUEST form;

    2.        The licensee shall pay the applicable fee as established in AZ ARNG Regulation 350-6;

    3.        The licensee shall not use any other ranges, training areas, and facilities not listed on the attached TRAINING SITE REQUEST form;

    4.        This non-exclusive license is personal to the licensee and may only be used by the licensee and its members and the permis- sion to use the ranges, training areas, and facilities may not be assigned or transferred to any other person without the prior written consent of the Adjutant General;

    5.        Upon completion of the use of the ranges, training areas, and facilities, the licensee shall promptly remove all of the licensee’s equipment from the same;

    6.        Licensee shall not offer nor permit any intoxicating or alcoholic beverage to be sold, offered for sale, exposed for sale, stored, given away, or otherwise disposed of, or consumed in or upon the ranges, training areas, and facilities covered by this agree- ment nor upon any state or federal property connected to the same;

    7.        The licensee shall provide liability insurance and a certificate of same shall be filed with the Training Site Support Division, Office of the Deputy Chief of Staff for Plans Operation and Training of the Arizona Army National Guard prior to the time of signing this agreement. Insurance coverage shall be provided in the minimum limits of $1,000,000/$1,000,000 for bodily injury and $100,000 for property damage and shall show the United States of America, State of Arizona, and the Arizona National Guard as additional insureds;

    8.        The licensee agrees to indemnify and save harmless the United States of America, the Adjutant General of the State of Ari- zona, the State of Arizona, the Arizona National Guard and their officers, agents, and employees against any and all loss, damage, injury, or liability that may be suffered or incurred by them or any of them, caused by or arising out of or any way connected with the use of the aforementioned ranges, training areas, and facilities or any part thereof, or any state or federal property attached thereto, by the licensee or any of the licensee’s members or associates;

    9.        The permission granted hereunder to use the designated ranges, training areas, and facilities may be revoked at any time by the Adjutant General;

    10.     The licensee understands and agrees that he does not and shall not at any time have or claim any interest or estate of any kind or extent whatsoever in the ranges, training areas, and facilities requested and approved herein by virtue of this non-exclusive license or the licensee’s occupancy or use hereunder;

    11.     It is understood and agreed that the licensee’s permission to use the ranges, training areas, and facilities covered by this non- exclusive license shall begin on the            day of                                                          , 19            and shall expire on the            day of

                                            , 19          unless sooner terminated by the Adjutant General.

    IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year first above written.

          THE ADJUTANT GENERAL                                                     By                                                                                             

                                                                                                              _By                                                                                               

    The printed portion of this Non-exclusive License to use ranges, training areas, and facilities, AGO Form 350-6-1-R (JAN 93), is approved as to form this 10th day of December, 1992. This approval is revoked if the printed portion is altered in any respect or if any addi- tion is made to that portion other than to fill in the blank spaces as appropriate.

    GRANT WOODS

    Attorney General

    by /s/ CHARLES S. PIERSON

    Assistant Attorney General

    AGO FORM 350-6-1-R (JAN 93) (Supercedes AGO Form 350-6-1, dated 1 DEC 85)

Historical Note

Adopted pursuant to an exemption from the provisions of the Administrative Procedure Act, effective January 31, 1994 (Supp.

94-1).