Puget Sount Basketball League 12/6/2017

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