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, <br /> • f <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, <br /> damages,judgments,or liabilities of whatever nature,including any portion thereof,arising <br /> from or related to the Indemnifying party's acts,omissions or performance under this <br /> Agreement. Bach party's obligations herein shall be limited to the extent of the <br /> proportionate share of liability attributable to said party. • <br /> • I <br /> 4.2 This section shall survive termination of this Agreement. <br /> SECTION 5.INSURANCE <br /> 5.1 Bach party agrees to maintain adequate insurance or self-insurance to cover any <br /> and all claims,losses,damages,judgements or liabilities of whatever nature arising from <br /> their own acts,omissions or performance under this Agreement or these of its officials, - <br /> officers,agents and employees, <br /> SECTION 6. TERMINATION <br /> 6.1 The City of Everett or the Everett Public Schools may terminate this Agreement,with or <br /> without cause,upon ninety(90)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 and <br /> provision or term thereof or the use of and/or payment for any facility for the purpose of this• <br /> Agreement or any provision or term thereof or the use of and/or payment for any facility for the <br /> purpose of this Agreement,the dispute or difference shall be-resolved jointly by the Mayor and — . <br /> • the Superintendent of the District. Such decision shall be arrived at as expeditiously as possible. `. <br /> In the event the parties are unable to reach a decision,the parties can agree to mediation or <br /> arbitration. In the event they can not agree to either,then the matter goes to Snohomish County <br /> Superior Court. <br /> f <br /> SECTION 8. THIRD PARTY BENEFICIARIES <br /> • � L <br /> 8.1 There are no third party beneficiaries to this Agreement,and this Agreement shall not <br /> be interpreted to create such rights. <br /> • <br /> • <br />