2011-016 RES LEASE AGREEMENT WITH RRV VETERANS MEMORIAL INC

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all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damage or injury (including death) to persons and/or property occurring on the Land or leased premises and resulting from Veterans' Memorial invitees, guests, agents, servants, or employees' presence upon, use, occupancy or enjoyment of the Land and leased premises. The Civic Center shall not be liable to Veterans' Memorial invitees, guests, agents, servants, employees, or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the Land and leased premises being improperly constructed, maintained, or being or becoming out of repair. The Veterans Memorial hereby waives any defects on the Land and/or leased premises and agrees to hold and save Civic Center harmless from all claims for any such damages or injuries. 13. The waiver by Civic Center of any breach by Veterans Memorial of the terms, covenants, conditions, or provisions of this Management Agreement shall not be deemed to be a waiver of any other breach of the same or other term, covenant, condition, or provision of this Agreement, regardless of when the breach has occurred. The failure of Civic Center to declare this Agreement terminated for any of the reasons set out above shall not bar the right of Civic Center to subsequently terminate this Management Agreement for any of the reasons set out above. 14. That, in case any one or more of the provisions contained in this Agreement shall, for any reason, be held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. 15. That this Management Agreement constitutes the sole and only agreement of the parties to this Agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. 16. That no amendment, modification, or alteration of the terms of this Management Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the parties to this Agreement. Red River Valley Veterans Memorial Lease Page 15 of 16