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E <br /> E <br /> e <br /> y <br /> • Charges,POats,•of'fees <br /> Site ilnproVernenta <br /> Maintenance responsibilities - <br /> .m Duration of use or access <br /> • Times and dates of use ox access <br /> SEC'1 ON 4,R4DEMPIRCATION <br /> 4,1 Each party agrees to and shall defend,indemnify and hold hamiless the other party,its <br /> officials,officers,agents and employees from and against any and all claims,losses, <br /> damages,judgments,or liabilities of whatever nature,including any portion thereof,arising <br /> from or related to the iudemnifying.party's eats,omissions ar performance under this <br /> Agreement. Eachparty's obligations heroin shall be limited to the extent of the <br /> proportionate share of liability attributable to said party, • <br /> 4,2 This section shall survive termination of this Agreement, <br /> SECTION 5,INSUR.ANCE <br /> 5.1 Each party agrees to maintain adequate iosuxaace ox self i❑surance to cover any <br /> and all claims,losses,damages,judgements or liabilities of whatever nature arising from <br /> their own acts,omissions or performance under this Agreement or thOse of its officials, <br /> officers,agents anti employe , <br /> ECTION 6,,TBRIV N'ATIOIV'• <br /> 6.1 The City of Everett or the Everett Mlle Schoohs may terminate this Agreement,with or <br /> without cause,upon ninety(90)days written notice to the other party, <br /> iSECTXON?. DlSPTJTE MOLUTXON <br /> 11, <br /> 7,1 In the event of any dispute or difference arising by reason of this Agreement or and <br /> provision or terra thereof or the use of and/or payment for any facility fox the purpose of this <br /> • Agreerhant or any provision or term thereof or the,use of and/or payment for any facitaty for the <br /> purpose of this Agreement,the dispute or difference shall ba xosolvedjointly by the Mayor and - <br /> • the Superintendent of the District Such decision shall be arrived at as expeditiously as possible. <br /> in the event the parties ate unable to reach a decision,the parties can agree to mediation or <br /> arbitration< r'n the event they can not agree to either,then the matter goes to Snohomish County <br /> Superior Court:. <br /> SECTION$. THIRD PARTY BI3NEElC'.XARIES <br /> 8.1 There are no third party beneficiaries to this Agreement,and this Agreement shall not 1 <br /> be interpreted to create such rights. <br /> • <br /> I <br /> • <br /> • <br /> I . J <br /> 1 <br />