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6. Indemnity of City for Loss or Damages. Licensee agrees to indemnify, defend with <br />counsel approved by the City and save harmless the City, its officers, officials, employees, <br />agents and volunteers from and against any and all liability, expense, including defense costs and <br />legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily <br />injury, death, personal injury or property damage arising from Licensee's access to the Property <br />hereunder, including any workers' compensation suits, liability or expense arising from or <br />connected with services performed on behalf of the Licensee by any person pursuant to this <br />License, except for any act or omission attributable to the City's negligence or wrongful act or <br />omission. <br />7. Entire Agreement, Amendments. This License contains the entire agreement of the <br />Parties and there are no other promises or conditions in any other agreement whether oral or <br />written. This License may be modified or amended in writing, if the writing is signed by the <br />Parties. <br />8. Waiver. The failure of either Party to enforce any provisions of this License shall not be <br />construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict <br />compliance with every provision of this License. <br />9. Cumulative Rights. The rights of the Parties under this License are cumulative, and shall <br />not be construed as exclusive unless otherwise required by law. <br />10. Governing Law. This License shall be construed in accordance with the laws of the State <br />of California. Venue shall be in Orange County. <br />[Signatures on following page] <br />55394.00000A7995364.1 <br />4/2/ 132