Ken Barnes 7/27/2023 - Laserfiche WebLink

Sculpture Loan Agreement Page 5 The City shall not be liable for loss of or damage to the Work due to the willful misconduct or negligence of the Lender. The City shall not be liable for having granted indemnification to Works that are, or may be, subject to civil or criminal claims regarding ownership. This Agreement shall in no way inure directly or indirectly to the benefit of any carrier or other bailee. 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: Parks and Facilities Department c/o Kimberly Shelton 802 E. Mukilteo Blvd Everett, WA 98203 2. Notices to Lender shall be sent to the address on the first page: 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.