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transfer of ownership,the Museum has the legal authority to use the Motorcycle in alignment <br /> with their mission and dispose of at the end of its useful life. <br /> 3. The City and Museum will cooperate to complete any necessary vehicle transfer <br /> documents. <br /> 4. The City transfers the Motorcycle to the Museum AS IS, WHERE IS, and WITH ALL <br /> FAULTS. The City expressly disclaims and makes NO EXPRESS WARRANTIES, NO IMPLIED <br /> WARRANTIES and NO GUARANTEES of any kind whatsoever regarding the Motorcycle. The City <br /> makes no representations whatsoever that the Motorcycle is safe or that the Motorcycle is in <br /> any particular condition. <br /> 5. The Museum is 100% RESPONSIBLE for determining the condition of the <br /> Motorcycle and for determining whether the Motorcycle is safe and suitable for use by the <br /> Museum. The Museum is 100% RESPONSIBLE for the design and safety of any exhibit of the <br /> Motorcycle. <br /> 6. The Museum WAIVES AND RELEASES City from any and all claims, known or <br /> unknown, foreseen or unforeseen,that the Museum now has or that may subsequently accrue <br /> to the Museum, arising out of or relating to the Motorcycle, including without limitation all <br /> claims relating to personal injuries caused by the Motorcycle. <br /> 7. The Museum shall INDEMNIFY AND DEFEND AND HOLD HARMLESS the City from <br /> and against any and all claims arising from or relating to the use of the Motorcycle by Museum <br /> or Museum's employees, agents, contractors, volunteers, guests, invitees, customers or <br /> patrons, including without limitation all claims relating to personal injuries caused by the <br /> Motorcycle. <br /> 8. This Agreement is the complete agreement of the parties regarding the <br /> Motorcycle and supersedes all other agreements, oral and written. No amendment of this <br /> Agreement is effective unless in writing and signed by the Mayor of the City of Everett and an <br /> authorized representative of the Museum. Exclusive venue for any lawsuit arising from or <br /> relating to this Agreement is Snohomish County Superior Court. <br /> MUSEUM: <br /> IMAGINE CHILDREN'S MUSEUM. <br /> By: <br /> Name: ga ,, L ,T'hns6n_ <br /> Title: fXe /,,eirPr:itn- <br /> 2 <br />