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13. The City hereby assumes all risk of damage to property or injury to persons in, upon
<br />or about the Premises from any cause arising from the use of the Property under this Agreement
<br />(except to the extent arising from the negligence or willful conduct of Owner) and agrees that
<br />Owner, their managers, members, agents, servants, employees, and independent contractors
<br />(collectively, "Owner Parties") shall not be liable for, and are hereby released from any
<br />responsibility for, any damage either to person or property or resulting from the loss of use thereof,
<br />which damage is sustained by the City or by other persons or entities claiming through the City,
<br />including but not limited to the Boatowners. The City shall indemnify, defend, protect, and hold
<br />harmless the Owner Parties from any and all loss, cost, damage, expense and liability (including
<br />court costs, reasonable attorneys' fees incurred in connection with or arising from any acts or
<br />omissions of the City, or any contractors, agents, servants, employees or invitees of the City
<br />(collectively, the "City Parties"), in, on or about the Premises, except to the extent arising from the
<br />negligence or willful conduct of Owner. The provisions of this paragraph 13 shall survive the
<br />expiration or sooner termination of this Agreement with respect to any claims or liability arising
<br />in connection with any event occurring prior to such expiration or termination.
<br />14. During the term of this Agreement, the City shall maintain general liability
<br />coverage through a joint powers insurance authority which coverage shall (a) name Owner as an
<br />additional insured; and (b) be primary coverage as to all claims thereunder and provide that any
<br />insurance carried by Owner is excess and non-contributing with the City's coverage. The City
<br />shall deliver to Owner a certificate evidencing such coverage within a week of the execution of
<br />this Agreement. The certificate shall reflect that the insurance described above is effective as of
<br />the execution date of this Agreement.
<br />15. it is understood and acknowledged that there are no oral agreements between the
<br />parties hereto affecting this Agreement and this Agreement constitutes the parties' entire
<br />agreement with respect to the Premises and supersedes and cancels any and all previous licenses,
<br />negotiations, arrangements, brochures, agreements and understandings, if any, between the parties
<br />(including predecessors in interests) hereto with respect to the subject matter thereof, and none
<br />thereof shall be used to interpret or construe this Agreement. None of the terms, covenants,
<br />conditions or provisions of this Agreement can be modified, deleted or added to except in writing
<br />signed by the parties hereto.
<br />16. All notices, demands, statements, designations, approvals or other communications
<br />(collectively "Notice") given or required to be given by either party to the other hereunder or by
<br />law shall be in writing, shall be (A) sent by United States certified or registered mail, postage
<br />prepaid, return receipt requested "Mail"), (B) transmitted by electronic mail if it is promptly
<br />followed by a Notice sent by another permitted means of notice, (C) delivered by a nationally
<br />recognized overnight courier, or (D) delivered personally. Any Notice shall be sent, transmitted,
<br />or delivered, as the case may be, to the parties as provided below:
<br />ATTY/AGR/2018.235/DOCKTOWN LANDSIDE LICENSE AGREEMENT
<br />REV: 10-02-18 VR
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