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The City shall not be liable for loss of or damage to the Work due to the willful misconduct or <br /> negligence of the Lender. <br /> The City shall not be liable for having granted indemnification to Works that are, or may be, <br /> subject to civil or criminal claims regarding ownership. <br /> This Agreement shall in no way inure directly or indirectly to the benefit of any carrier or other <br /> bailee. <br /> 15. INDEMNIFICATION <br /> If the Lender is not the author of the Work, the Lender shall defend and indemnify the City <br /> from any claims, demands, lawsuits or other action by the author of the Work arising out of the <br /> author's rights under 17 U.S.C. §101 et seq. Otherwise, each party shall defend and indemnify <br /> the other from claims, demands, lawsuits, or other proceedings arising out of their <br /> performance of this Agreement. <br /> 16. MISCELLANEOUS <br /> A. Addresses <br /> Any statement, notice, request or other communication hereunder shall be deemed to <br /> be sufficiently given to the addressee and any delivery hereunder deemed made when <br /> sent by certified mail addressed to the following addresses: <br /> 1. Notices to the City of Everett shall be sent to the following address: <br /> Parks and Facilities Department <br /> c/o Kimberly Shelton <br /> 802 E. Mukilteo Blvd <br /> Everett, WA 98203 <br /> 2. Notices to Lender shall be sent to the address on the first page: <br /> B. Construction <br /> Each party acknowledges that it has read this Agreement, understands it and agrees to be <br /> bound by its terms. Each party acknowledges that the Agreement should not be strictly <br /> construed against one party or the other, but interpreted reasonably and fairly so as to give <br /> effect to the manifest intentions of the parties. <br /> C. Modification <br /> This Agreement may be modified only by a written instrument signed by the parties. <br /> Sculpture Loan Agreement 2020 <br /> Page 5 <br />