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<br />6,1A <br />Page 16 <br /> <br />17.1 Licensee shall protect. defend, indemnify and hold harmless the United States <br /> <br />Postal Service, including its officers, agents, employees, assigns, representatives, and successors, and <br />licensor, its respective Council members, officers, employees, contractors and agents from any and all <br /> <br />actions, causes of action, claims, losses, expenses (including reasonable attorney's fees and costs), or <br /> <br />liability or claims for damages on account of damage of property or injury to or death of persons, including <br /> <br />licensee or Licensee's employees, patrons, agents, customers, business invitees and/or any other <br /> <br />persons, or damage to property of any kind whatsoever and to whomsoever belonging. including <br /> <br />Licensee or Licensee's employees and patrons, agents, customers, business invitees and/or any other <br /> <br />persons, from any cause resulting from the operations, construction by Licensee, and/or use of the <br /> <br />Premises by Licensee or Licensee's employees, patrons, agents, customers, business invitees and/or <br /> <br />any other persons, except to the extent caused by Licensor's active negligence, sole negligence or willful <br /> <br />misconduct. <br /> <br />18. DUTY TO REPAIR OR RECONSTRUCT THE PREMISES <br /> <br />18.1 In the event of a casualty such as fire, flood or earth quake, Licensor shall be <br /> <br />under no obligation to repair or reconstruct the Premises or the improvements to the Premises. <br /> <br />19. AUTHORITY <br /> <br />19.1 All individuals executing this Agreement on behalf of the parties to this <br /> <br />Agreement represent and warrant that they are authorized to execute and deliver this License on behalf <br />of their respective party to this Agreement and that this License is binding upon said party to this <br /> <br />Agreement. <br /> <br />20, MISCELLANEOUS <br /> <br />20,1 Expenses of Enforcement. If there are any legal or arbitration proceedings <br /> <br />between Licensor and Licensee to enforce any provision of this Agreement or to protect or establish any <br /> <br />right or remedy of either Licensor or Licensee hereunder, the unsuccessful party shall pay to the <br /> <br />prevailing party all reasonable and customary costs and expenses, including reasonable attorney's fees <br /> <br />and the reasonable value of any City Personnel services incurred by such prevailing party in such <br /> <br />proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any <br /> <br />AlTY/AGRJ2007002 <br />012407 <br /> <br />14 <br />