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City's judgment, requires immediate action, the City, at Unity Gardens' expense, may undertake
<br />such corrective measures or actions as the City deems necessary or desirable.
<br />4. Access. At all times during the term of this Agreement, the City reserves the right
<br />to enter the Premises to install, repair or maintain facilities, equipment and structures currently
<br />existing upon or to be located upon the Premises.
<br />5. Site Improvements.
<br />A. The City reserves the right to relocate any portion of any facility or
<br />structure within the Garden if the City determines: (1) that it is necessary to modify, expand or
<br />rehabilitate any existing facility or structure, or to install any new facilities or structures at the
<br />Premises, or (2) to install, construct or maintain any improvements at the Premises. However,
<br />the City agrees to make a good faith attempt to work cooperatively with Unity Gardens to
<br />minimize any relocation activities and disruptions to the Garden.
<br />B. The City agrees that the water main tap, all related plumbing and the water
<br />meter providing water utility service to the Premises for the use of Unity Gardens shall remain
<br />during the term of this Agreement and any extension thereof.
<br />6. Assumption of Risk. Unless caused solely by the negligence of the City
<br />or caused solely by the willful misconduct of the City, Unity Gardens hereby assumes all risk of
<br />damage to the Premises caused by or arising out of its use and occupation of the Premises; and
<br />Unity Gardens hereby indemnifies the City, its officials, employees and agents from and against
<br />any liability for such damage.
<br />7. Liens, Unity Gardens will not permit any mechanic's liens or other liens
<br />to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting
<br />the consent or request of the City, express or implied, to any person for the performance of any
<br />labor or the furnishing of any materials to the Premises, nor as giving Unity Gardens any right,
<br />power or authority to contract for or permit the rendering of any services or the furnishing of any
<br />materials that could give rise to any mechanic's liens or other liens against the Premises. In the
<br />event that any such lien shall attach to the Premises, or Unity Gardens shall fail to pay such liens,
<br />then, in addition to any other right or remedy available to the City, the City may, but shall not be
<br />obligated to, discharge the same. Any amount paid by the City for any of the aforesaid purposes,
<br />together with related courts costs, attorney's fees, fines and penalties, shall be paid by Unity
<br />Gardens to the City within ten (10) days after the City's demand therefor.
<br />8. Indemnification. Unity Gardens hereby agrees to indemnify and save
<br />harmless the City, its officials, employees and agents, from and against any and all liabilities,
<br />claims, losses, damages, expenses (including attorney's fees), or costs for personal injuries
<br />(including death), and property damage to whomsoever or whatsoever occurring (hereinafter
<br />collectively called "Losses ") that arise in any manner from (a) the placement, maintenance, or
<br />removal of, or the failure to properly place, maintain, or remove the Garden, or (b) any act,
<br />omission, or negligence of Unity Gardens, its agents, servants, employees, or contractors in
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