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SECTION 12. LIENS. <br /> The Nonprofit shall not allow any liens to attach to the Premises for any services, labor or <br /> materials furnished to the Premises or otherwise arising from the Nonprofit's use of the Premises. <br /> The City shall have the right to discharge any liens placed on the Premises at the Nonprofit's <br /> expense. <br /> SECTION 13. RELEASE AND INDEMNITY, <br /> A. AS A MATERIAL PART OF THE CONSI.DERATION FOR THIS <br /> AGREEMENT, THE NONPROFIT, TO THE EXTENT IT MAY LAWFULLY DO SO, <br /> WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST THE CITY, FOR,AND <br /> AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS <br /> AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES <br /> ("INDEMNIFIED PARTIES") FROM AND AGAINST, ANY LOSS, DAMAGE <br /> (INCLUDING, WITHOUT LIMITATION, PUNITIVE OR CONSEQUENTIAL <br /> DAMAGES), INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE <br /> (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS), <br /> FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON <br /> (INCLUDING, WITHOUT LIMITATION, THE CITY, THE NONPROFIT, OR ANY <br /> EMPLOYEE OF THE CITY OR THE NONPROFIT) (I) FOR PERSONAL INJURY OR <br /> PROPERTY DAMAGE CAUSED TO ANY PERSON WHILE ON OR ABOUT THE <br /> PREMISES,OR(II)ARISING FROM OR RELATED TO ANY USE OF THE PREMISES <br /> BY NONPROFIT OR ANY INVITEE OR LICENSEE OF NONPROFIT, ANY ACT OR <br /> OMISSION OF NONPROFIT, ITS OFFICERS, AGENTS, EMPLOYEES, LICENSEES <br /> OR INVITEES OR ANY BREACH OF THIS AGREEMENT BY NONPROFIT. <br /> B. THE FOREGOING RELEASE AND INDEMNITY SHALL APPLY <br /> REGARDLESS OF ANY NEGLIGENCE, MISCONDUCT OR STRICT LIABILITY OF <br /> ANY INDEMNIFIED PARTY,EXCEPT THAT THE INDEMNITY, ONLY,SHALL NOT <br /> APPLY TO ANY LOSS DETERMINED BY FINAL ORDER OF A COURT OF <br /> COMPETENT JURISDICTION TO HAVE BEEN CAUSED BY THE SOLE ACTIVE <br /> DIRECT NEGLIGENCE OF ANY INDEMNIFIED PARTY. <br /> C. WHERE APPLICABLE TO THE LOSS, THE LIABILITY PROVISIONS <br /> OF ANY CONTRACT BETWEEN THE CITY AND THE NONPROFIT COVERING THE <br /> CARRIAGE OF SHIPMENTS OR TRACKAGE SERVING THE PREMISES SHALL <br /> GOVERN THE LOSS AND SHALL SUPERSEDE THE PROVISIONS OF THIS SECTION <br /> 13. <br /> D. NO PROVISION OF THIS AGREEMENT WITH RESPECT TO <br /> INSURANCE SHALL LIMIT THE EXTENT OF THE RELEASE AND INDEMNITY <br /> PROVISIONS OF THIS SECTION 13. NOTHING HEREIN SHALL LIMIT ANY <br /> IMMUNITY DEFENSE AVAILABLE TO THE CITY AS A GOVERNMENTAL ENTITY. <br /> i <br />