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powers, privileges, benefits and obligations under the License Agreement, and agrees to indemnify and <br />hold harmless Carma from and against any and all losses, costs (including, without limitation, the costs of <br />litigation and reasonable attorney's fees), claims, causes of action, damages, duties, obligations, <br />liabilities, and commitments (collectively, the "Losses") arising under or relating to this Assignment or <br />the License Agreement, EVEN IF THE NEGLIGENCE OF CARMA OR CARMA'S INVITEES, LICENSEES, <br />SUCCESSORS AND ASSIGNS IS ALLEGED TO HAVE CAUSED, IN WHOLE OR IN PART, SUCH LOSSES. <br />4. Survival of Provisions. This Assignment shall bind and inure to the benefit of the parties <br />hereto and their respective successors and assigns. <br />S. Defined Terms. All defined terms delineated with initial capital letters in this <br />Assignment that are not defined herein shall have the meaning ascribed to them in the License <br />Agreement. Other terms have the meanings commonly ascribed to them. <br />EXECUTED to be effective on the date fully executed by Carma, the Association and the City. <br />[SIGNATURE PAGES FOLLOW) <br />KISSING TREE <br />ASSIGNMENT AND ASSUMPTION OF LICENSE AGREEMENT <br />W EST\277114824.1 <br />