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<br />16. Assignments <br /> <br />This is a bilateral personal services AGREEMENT. Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or <br />related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and <br />unenforceable. These conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns of the parties hereto. <br /> <br />17. Indemnification <br /> <br />OMI shall indemnify and hold CLIENT harnùess from any and all claims, damages, losses, and expenses, including litigation costs and attorney's fees, to the <br />extent that such are due to the negligent actions of OMI directly related to this PROJECT. Similarly, CLIENT shall indemnify and hold OMI harmless from any <br />and all claims, damages, losses, and expenses, including litigation costs and attorney's fees, to the extent that such are due to actions or inactions of CLIENT <br />directly related to this PROJECT. CLIENT's indemnification of OMI specifically extends to, but is not limited to, the presence, discharge, release, or escape of <br />contaminants of any kind, excepting only such liability as may arise out of the sole negligence of OMI, and limited to the extent that OMI is negligent in the pe <br /> <br />SAN MARCOS MNGMT AGRMT 2004 V2 <br /> <br />PAGE 4 <br />