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SEP -22-95 FRI. 12'49 -CPI ENG . FAr <br />X N0: 612582$30 <br />harmless the Foundation, its officers, directors, employees, successors and assigns (all herein <br />referred to as the Foundation) from and against any loss, damage, claim, demand, suit, liability or <br />expense (including reasonable attorneys' fees) that arise out of or result from injuries or death to <br />persons or damage to property, in any way arising out of or occasioned by the Tables, and also <br />any failure by the City to perform any or its obligations under this Agreement. The City further <br />agrees to defend the Foundation, at its request, against any such claim, demand or suit. <br />4. Disclairndr of Warjanties. THE TABLES TRANSFERRED UNDER TH1S <br />AGREEMENT TS CONVEYED "AS IS, WHERE IS" WITI-I ALL FAULTS, LATENT AND <br />PATENT. THE FOUNDATION MAKES NO WVARR.ANTIES, EXPRESS OR IMPLIED, <br />INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FI'INESS POR A <br />PARTICULAR PURPOSE. <br />S. Successors and Assigns. All covenants and indemnifications contained in this <br />Agreement shall be binding upon the parties and their successors and assigns. <br />6. Amendment. This Agreement constitutes the entire agreement between the parties <br />with respect to the subject matter and shall not be modified or amended except upon the written <br />consent of both parties. <br />7. Ceeral Provisions, In case any section or provision of this Agreement is for any <br />reason held to be illegal or invalid, such illegality or invalidity shall not affect the remainder of <br />the Agreement or any other section or provision. The laws of the State of Minnesota shall <br />govern the construction, interpretation and performance of this Agreement. <br />2 <br />