Ken Barnes 10/25/2019 - Laserfiche WebLink

15. INDEMNIFICATION If the Lender is not the author of the Work, the Lender shall defend and indemnify the City from any claims, demands, lawsuits or other action by the author of the Work arising out of the author's rights under 17 U.S.C. §101 et seq. Otherwise, each party shall defend and indemnify the other from claims, demands, lawsuits, or other proceedings arising out of their performance of this Agreement. 16. MISCELLANEOUS A. Addresses Any statement, notice, request or other communication hereunder shall be deemed to be sufficiently given to the addressee and any delivery hereunder deemed made when sent by certified mail addressed to the following addresses: 1. Notices to the City of Everett shall be sent to the following address: Carol Thomas 2930 Wetmore Avenue Everett, WA 98201 2. Notices to Lender shall be sent to the following address: Ken Barnes 8316 54th Ave S Seattle,WA 98118 B. Construction Each party acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms. Each party acknowledges that the Agreement should not be strictly construed against one party or the other, but interpreted reasonably and fairly so as to give effect to the manifest intentions of the parties. C. Modification This Agreement may be modified only by a written instrument signed by the parties. D. Force Majeure Each party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause or effect of such delay or failure to the extent the party is able. In the event of such delays, the timetables shall be extended by as many calendar days as the delay caused by forces outside the reasonable control of the parties. Sculpture Loan Agreement 2019 Page 5