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4 <br /> • Charges, costs, or fees <br /> • Site improvements <br /> • Maintenance responsibilities <br /> • Duration of use or access <br /> • Times and dates of use or access <br /> SECTION 4. INDEMNIFICATION <br /> 4.1 Each party agrees to and shall defend, indemnify and hold harmless the other party, its <br /> officials, officers, agents and employees from and against any and all claims, losses, damages, <br /> judgments, or liabilities of whatever nature, including any portion thereof, arising from or related <br /> to the indemnifying party's acts, omissions or performance under this Agreement. Each party's <br /> obligations herein shall be limited to the extent of the liability attributable to said party. <br /> 4.2 This section shall survive termination of this Agreement. <br /> SECTION 5. INSURANCE <br /> 5.1 Each party agrees to maintain liability insurance or self-insurance to cover claims,losses,damages, <br /> judgments or liabilities arising from their own acts, omissions or performance under this Agreement or <br /> those of its officials,officers, agents and employees. <br /> SECTION 6. TERMINATION <br /> 6.1 The City or the Port may terminate this Agreement, with or without cause, upon ninety (90) <br /> days written notice to the other party. <br /> SECTION 7. DISPUTE RESOLUTION <br /> 7.1 In the event of any dispute or difference arising by reason of this Agreement or provision or term <br /> thereof or the use of and/or payment for any facility or resource for the purpose of this <br /> Agreement, the dispute or difference shall be resolved jointly by the Mayor and the Port Director. <br /> Such decision shall be arrived at as expeditiously as possible. In the event the parties are unable to <br /> reach a decision, the parties can agree to mediation or arbitration. In the event they cannot agree to <br /> either,then the matter goes to Snohomish County Superior Court. <br /> SECTION 8. THIRD PARTY BENEFICIARIES <br /> 8.1 There are no third party beneficiaries to this Agreement, and this Agreement shall not be <br /> interpreted to create such rights. <br /> SECTION 9. INTEGRATED AGREEMENT/AMENDMENT <br /> 9.1 This Agreement constitutes the entire agreement of the parties, and may be amended at any <br /> time in writing by mutual agreement. <br /> 1, 8 2 <br />