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3. The parties hereto agree that the Exercise Trail <br />shall be open to the general public without charge or fee. <br />V <br />INDEMNITY <br />Each party to this agreement, on behalf of itself, its <br />successors, assigns, officers, agents, employees and guests <br />agrees to indemnify and hold harmless the other parties <br />hereto from any and all claims, liabilities, demands, actions, <br />and causes of action arising out of any conditions on the <br />construction sites of said Exercise Trail from the conduct <br />or management of, or from any work or thing whatsoever done <br />on or about, said construction site, or arising from any <br />act, failure to act, default, carelessness or negligence of <br />the respective party, its successors, assigns, officers, <br />agents, employees and guests, whether foreseeable or not, or <br />arising from any accidents, injuries, or damages whatsoever, <br />however caused, to any person or persons, corporation or <br />corporations, on, in, or about said properties; and from and <br />against any and all loss, costs, charges, expenses and <br />liabilities, including reasonable attorney fees, incurred by <br />the other parties in defending against any such claim or <br />action or proceeding thereon. <br />VI <br />MISCELLANEOUS <br />1. In the event.construction of the Exercise Trail is <br />not completed for any reason whatsoever, this agreement <br />shall be'terminated with no obligation on the part of any of <br />the parties -hereto to perform its duties under the terms of <br />this agreement. <br />2. CITY, PENNEY and SAJC shall comply fully with all <br />state, local and federal laws and regulations in the per- <br />formance of their obligations under the -terms of this <br />agreement <br />3. This agreement shall be binding upon the successors <br />in interest of the parties hereto. No party shall assign <br />its rights or obligations hereunder without the prior <br />written consent of the other parties hereto. <br />4. Time is of the essence of this agreement. <br />5. This agreement contains all of the agreements of <br />the .parties hereto with.respect to the matters contained <br />herein,` -and no prior agreement or understanding pertaining <br />to any such matters shall be effective for any purpose. No <br />provision of this agreement may be amended or added to <br />except by an agreement in writing signed by the parties <br />hereto, or their respective successors in interest. <br />-3- <br />