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terrorism, insurrection, confiscation by order of any government or public authority, risks of <br /> contraband or illegal transpiration and/or trade, nuclear damage, wear and tear, gradual <br /> deterioration, insects, vermin and inherent vice, and for damage sustained due to and resulting <br /> from any repairing, restoration or retouching process unless caused by fire and/or explosion. The <br /> Lender agrees that, in the event of loss or damage, recovery shall be limited to such amount, if <br /> any, as may be paid by the insurer, thereby releasing the City, and the officers, agents and <br /> employees of the City from liability for any and all claims arising out of such loss or damage. <br /> C. Lender's Insurance <br /> If the Lender chooses to maintain his own insurance, the Lender must provide to the City: (a) a <br /> certificate of insurance evidencing coverage; (b) an endorsement naming the City as an <br /> additional insured; and (c)waiver any rights of subrogation against the City from any liability in <br /> connection with the Work. The City shall not be responsible for any error or deficiency in <br /> information furnished to the Lender's insurer or for any lapses in the Lender's insurance <br /> coverage. <br /> 14. LIMITS ON LIABILITY <br /> The City shall not be liable to, or claims by, third parties. <br /> The City shall not be liable for loss of or damage to the Work due to or resulting from normal <br /> wear and tear, gradual deterioration, vermin, inherent vice, pre-existing flaw or condition, <br /> radioactive contamination, wars, terrorism, strikes, riots, civil commotion, or repair, restoration <br /> or retouching processes other than those repair, restoration or retouching processes undertaken as <br /> emergency conservation measures. <br /> 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 from <br /> 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 performance <br /> of this Agreement. <br /> City of Everett Sculpture Loan Agreement <br /> Page 4 of 9 <br />