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. <br /> • Charges,costs,•of fees <br /> a Site itnprovemeTntt <br /> C Maintenance responsibilities <br /> Duration of use or access <br /> Times and dates of use or access <br /> SECTION 4 IN. IATION <br /> 4,1 Each party agrees to and shall defend,indemnity and hold harmless 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 Intdemnifyirng.party's acts,omissions orporfnimattce under this <br /> Agreement. Beenparty'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,INSU1tANCA <br /> • <br /> 5.1 Eachparty agrees to maintain adequate insurance or self-insurance to cover any <br /> and all claims,losses,damages,judgements or liabilities of whatever nature arising from <br /> their awn acts,omissions or performance under the A:greement or those of its officials, <br /> officers,agents and employees, <br /> SECTION b•cTEI NATION <br /> • 6,1 The City of Everett or the Everett Public Schools may terminate this Agreement,with or <br /> without cause,upon ninety(90)days written notice to the other party <br /> ECTION7, DISPUTE USOLUTION <br /> - <br /> 7.1 In the event of any dispute or difference arisingby reason of this Agreement or and <br /> provision or term thereof or the use of and/or payment for any facility for the purpose of this• <br /> • Agreement or any provision or term thereof or the use of and/or payment for any facility for the <br /> purpose of this Agreement,the dispute or difference shall be roso1Ved jointly by the Mayor and - <br /> the Superintendent of the Distriot. Such decision shall be arrived at as expeditiously as possible, <br /> In the event the parties are unable to reaoh a decision,the parties can agree to mediation or <br /> arbitration. In the event they can not agree to either,then the matter goes to Snohomish County <br /> Superior Court. <br /> SECTION li; THIRD PARTY BENE CCIA 1 f <br /> • 8.1 There an no third party beneficiaries to thus Agreement,and this Agreement shalt not <br /> be interpreted to create such rights, <br /> 1 <br />