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<br />If intended for JOH: <br />John Q. Hammons, Trustee of the Revocable <br />Trust of John Q. Hammons, Dated <br />December 28, 1989, as amended and restated <br />300 John Q. Hammons Parkway Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br /> <br />With copies to: <br />Debra Mallonee Shantz, Senior Vice President and <br />General Counsel <br />John Q. Hammons Hotels, Inc. <br />300 John Q. Hammons Parkway <br />Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br />Facsimile: (417) 864-8900 <br /> <br />10.7 Indemnification. JQH AGREES TO INDEMNIFY, SAVE AND HOLD CITY <br />HARMLESS FROM AND AGAINST, Ai~ COVENANTS TO DEFEND CITY AGAINST, ANY <br />AND ALL LOSSES, DAMAGES, CLAIMS, PENALTIES, COSTS, AND ATTORNEYS' FEES, <br />HOWSOEVER ARISING OR INCURRED BECAUSE OF, INCIDENT TO, OR WITH RESPECT <br />TO THE PROPERTY OR ANY DEVELOPMENT, USE, POSSESSION, MAINTENANCE, OR <br />MANAGEMENT THEREOF OR CONSTRUCTION THEREON. <br /> <br />WITHOUT LIMITATION, THE FOREGOING INDEMNITIES SHALL APPLY WITH <br />RESPECT TO MATTERS WHICH IN WHOLE OR IN PART ARE CAUSED BY OR ARISE <br />OUT OF, OR ARE CLAIMED TO BE CAUSED BY OR ARISE OUT OF, THE NEGLIGENCE <br />(WHETHER SOLE, COMPARATIVE OR CONTRIBUTORY) OR STRICT LIABILITY OF <br />CITY. JQH's obligations under this paragraph shall survive the repayment of the Loan and any deed in <br />lieu of foreclosure or foreclosure of the Deed of Trust securing the Loan. <br /> <br />ARTICLE XI <br /> <br />CONTROLLING DOCUMENTS <br /> <br />To the extent that this Agreement conflicts with or is in any way incompatible with any other Loan <br />Document concerning the Loan, the Note shall control over any other document, and if such promissory <br />note does not address an issue, then each other document shall control to the extent that it deals most <br />specifically with an issue. <br /> <br />ARTICLE xn <br /> <br />NO ORAL AGREEMENTS <br /> <br />Tms WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE <br />FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY <br />EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF <br />THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE <br />PARTIES. <br /> <br />CITY OF SA."l MARcos-JQI-I LOAN AGREEMENT <br />779097.9 <br /> <br />11 <br />