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➢ Any use of the Ballfield Property to support or oppose any political party, <br /> political platform, ballot measure, and/or candidate for federal, state or <br /> local elective office; <br /> ➢ Any use of the Ballfield Property by groups, organizations, or entities to <br /> promote unlawful discrimination based upon race, color, ethnicity, age, <br /> religion, handicap, gender or sexual orientation; and <br /> ➢ Any use of the Ballfield Property that is prohibited under applicable <br /> federal, state and local regulations, specifically including without limitation <br /> the Everett Municipal Code. <br /> (g) No Third Party Beneficiary. This Agreement is executed for the exclusive benefit <br /> of the signatory parties and their respective successors and assigns. Nothing <br /> herein shall be construed as creating any enforceable right, interest, claim or <br /> cause of action in or for any third-party. <br /> (h) No Employment or Agency Relationship. Nothing herein shall be construed as <br /> establishing an employment or agency relationship between the City and any <br /> employee, agent or contractor of NWS, or between NWS and any employee, agent <br /> or contractor of the City. <br /> (i) Regulatory Authority Reserved. NWS expressly acknowledges that the City is a <br /> municipal corporation organized under the laws of the state of Washington and <br /> has executed this Agreement in its capacity as owner of the Ballfield Property. <br /> Nothing in this Agreement shall be construed as waiving, abridging or otherwise <br /> limiting the City of Everett's regulatory authority, police power and/or legislative <br /> discretion, which are hereby expressly reserved in full. Without prejudice to the <br /> foregoing, nothing in this Agreement shall be construed as entitling NWS to <br /> receive any permit, license or other regulatory approval, or as waiving or excusing <br /> NWS's compliance with any applicable regulatory process. <br /> (j) Risk of Loss to NWS's Property. NWS bears all risk of any and all damage and loss <br /> to NWS's property being on the Ballfield Property, except as may be provided <br /> otherwise in this Agreement. <br /> (k) No Liability. NWS agrees that the City, its officials, officers, and employees shall <br /> have no liability or obligation whatsoever as a result of any defect or condition of <br /> the Ballfield Property, including without limitation latent defects. The City shall <br /> have no obligation for any repairs, maintenance, Improvements as defined herein, <br /> and/or work of any kind except as expressly set forth in this Agreement. <br /> (I) Public Records Disclosure. NWS expressly acknowledges that the City is an <br /> "agency" as defined by Chapter 42.56 RCW, and is fully subject to the provisions <br /> governing the disclosure of public records codified in that statute. To the extent <br /> required or otherwise authorized by said statutes or other applicable law: <br /> ➢ Any public records submitted to or generated by the City in connection <br /> with this Agreement are potentially subject public to inspection and <br /> 18 <br />