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<br />6 <br /> <br />h. If any p rovision or application of this Agreement is held unlawful or unenforceable in <br />any respect, such illegality or unenforceability shall not affect other provisions or <br />applications that can be given effect, and this Agreement shall be construed as if the unlawful <br />or unenforceable provision or application had never been contained herein or prescribed <br />hereby. <br /> <br />i. This Agreement, together with its Exhibits, which is incorporated by reference, <br />constitutes the complete and exclusive statement of all mutual understandings between the <br />parties with respect to this Agreement, superseding all prior or contemporaneous proposals, <br />communications, and understandings, whether oral or written, concerning this Agreement. <br />This Agreement may not be amended nor any of its terms modified except by a writing <br />authorized and executed by both parties hereto. <br /> <br /> 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its <br />governing body members, officers, agents, servants, and against and from any claim, demand, suit, <br />action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly <br />arising from this Agreement or the activities undertaken pursuant to it. The provisions of this <br />paragraph 8 shall survive termination of this Agreement. <br /> <br />9. The Corporation will provide the City with a comprehensive accounting and detailing <br />of the expenditure of funds contributed by the City to the Festival and the Corporation. <br /> <br /> IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date <br />first written above. <br /> <br /> CITY OF MOUNDS VIEW <br /> <br /> <br /> By: __________________________________ <br /> Its: Mayor <br /> <br /> <br /> By: __________________________________ <br /> Its: Clerk-Administrator <br /> <br /> <br /> <br /> FESTIVAL IN THE PARK OF MOUNDS VIEW <br /> <br /> <br /> By: __________________________________ <br /> Its: __________________________________ <br /> <br /> <br /> By: __________________________________ <br /> Its: __________________________________ <br /> <br /> <br />