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13. The City hereby assumes all risk of damage to property or injury to
<br /> persons in, upon or about the Premises from any cause arising from the use of the
<br /> Property as provided in Recital F (except to the extent arising from the negligence or
<br /> willful conduct of Owners) and agrees that Owners, their managers, members, agents,
<br /> servants, employees, and independent contractors (collectively, "Owner Parties") shall
<br /> not be liable for, and are hereby released from any responsibility for, any damage either
<br /> to person or property or resulting from the loss of use thereof, which damage is sustained
<br /> by the City or by other persons or entities claiming through the City, including but not
<br /> limited to the Boatowners. The City shall indemnify, defend, protect, and hold harmless
<br /> 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
<br /> acts or omissions of the City, or any contractors, agents, servants, employees or invitees
<br /> of the City (collectively, the "City Parties"), in, on or about the Premises, except to the
<br /> extent arising from the negligence or willful conduct of Owners. The provisions of this
<br /> paragraph 13 shall survive the expiration or sooner termination of this Agreement with
<br /> respect to any claims or liability arising in connection with any event occurring prior to
<br /> 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 the
<br /> Owners as additional covered parties; and (b) be primary coverage as to all claims
<br /> thereunder and provide that any insurance carried by Owners is excess and non-
<br /> contributing with the City's coverage. The City shall deliver to the Owners a certificate
<br /> evidencing such coverage as quickly as possible upon its execution of this Agreement.
<br /> 15. It is understood and acknowledged that there are no oral agreements
<br /> between the parties hereto affecting this Agreement and this Agreement constitutes the
<br /> parties' entire agreement with respect to the Premises and supersedes and cancels any and
<br /> all previous negotiations, arrangements, brochures, agreements and understandings, if
<br /> any, between the parties 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,
<br /> covenants, conditions or provisions of this Agreement can be modified, deleted or added
<br /> to except in writing signed by the parties hereto.
<br /> 16. All notices, demands, statements, designations, approvals ar other
<br /> communications (collectively "Notice") given or required to be given by either party to
<br /> the other hereunder or by law shall be in writing, shall be (A) sent by United States
<br /> certified or registered mail, postage prepaid, return receipt requested "Mail"),
<br /> (B) transmitted by telecopy, if such telecopy is promptly followed by a Notice sent by
<br /> Mail, (C) delivered by a nationally recognized overnight courier, or (D) delivered
<br /> personally. Any Notice shall be sent, transmitted, or delivered, as the case may be, to the
<br /> parties as provided below:
<br /> ATTY/AGR/2013.031/DOCKTOWN TEMPORARY LICENSE
<br /> REV:02-28-13 PT
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