26 - RED RIVER VALLEY VETERANS' MEMORIAL LEASE AMENDMENT

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deductible due for any insurance claim filed against the general liability insurance policy for accidents or injuries arising on the Veterans Park property and improvements. 10. Veterans Memorial does hereby agree to release, indemnify and hold City and its officers and employees harmless from and against any and 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. City 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. Veterans Memorial hereby waives any defects on the Land and /or leased premises and agrees to hold and save City harmless from all claims for any such damages or injuries. 11. Veterans Memorial agrees to take every reasonable effort and accommodation to ensure accessibility to the memorial by persons with disabilities. 12. The waiver by City of any breach by Veterans Memorial of the terms, covenants, conditions, or provisions of the 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 terminated for any of the reasons set out above and shall not bar the right of City to subsequently terminate this Management Agreement for any of the reasons set out above. 13. That, in case any one or more of the provisions contained in the 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. 14. 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. 15. 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. 16. The term of the Management Agreement shall end upon the expiration or termination of the Lease Agreement between Veterans Memorial and the City of Paris for the Memorial Park situated on a 1.2786 acre tract of land more particularly described in Exhibit "A" to the Lease Agreement.