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<br />.,. <br /> <br />placed in, on, under or about the Property by AGENCY. In the event of an emergency <br />Owner may, at its sole option and without notice, alter, remove or protect at AGENCY's <br />; sole expense, any and all installments placed in, on, under or about the Property by <br />AGENCY. <br /> <br />5. Surrender. Upon the expiration of this Agreement, AGENCY shall <br />immediately surrender the Property in the same condition as received, broom cleaned, <br />and clear of all debris. At such time, AGENCY shall remove all of its property from the <br />Property, and shall repair, at its cost, any damage to the Property caused by such removal. <br /> <br />6. Indemnity. AGENCY shall indemnify, defend, and hold harmless the <br />Owner, and their employees, agents, and officers, from and against any loss, damage, and <br />liability incurred by Owner resulting from injury to or death of any person or persons, or <br />injury to any property, by reason of AGENCY's entry onto the Property and the <br />placement of the Installation and any other activities thereon done pursuant to the <br />Phantom Galleries Program. <br /> <br />7. Insurance. Prior to entering the Property, AGENCY will cause to be <br />provided, and shall maintain in full force and effect at all times during the Term, a <br />minimum of $1,000,000 if comprehensive general liability insurance on an occurrence <br />(and not claims made) form, for bodily injury, personal injury and property damage <br />coverage, naming by endorsement Owner and Owner's Agent as additional insured, with <br />insurers and under forms of policies reasonably satisfactory to Owner. <br /> <br />8. Legal Costs. In the event any action or proceeding shall arise in <br />connection with the enforcement or interpretation of this Agreement, then the prevailing <br />party shall be entitled to recover from the other the prevailing party's reasonable <br />attorney's fees and other legal costs; provided, however, a prevailing party shall only be <br />entitles to recover the aforesaid fees and costs if that party has agreed to initially seek a <br />resolution of the subject dispute though a third party mediation process. <br /> <br />III <br />III <br />III <br />III <br />III <br />III <br />III <br />III <br />A TTY/AGR/2007.091 <br />101707 2 <br />