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Station actually invested in improvements during the five year period. The Commission may enforce this guarantee without prejudice to the Commission's rights to enforce the Agreement against Union Station. The Parties agree that this subsection shall constitute a separate agreement entered into concurrently with this Agreement, and that if any other provision of this Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this subsection. ARTICLE 6 MISCELLANEOUS 6.1 Effective Date. This Agreement shall be effective as of the date first written above (the "Effective Date "). The term of this Agreement shall commence upon the Effective Date and will not terminate before the later of (a) ten years, or (b) the date the parties' respective obligations specifically enumerated in this Agreement have been fulfilled in their entirety. 6.2 Interpretation. (a) The terms "herein ", "hereto ", "hereunder" and all terms of similar import shalt be deemed to refer to this Agreement as a whole rather than to any Article, Section or Exhibit to this Agreement. (b) The terms "include', "including" and "such as" shall each be construed as if followed by the phrase "without being limited to." (c) Unless otherwise specified, references to this "Agreement' shall mean this Agreement and any exhibits and attachments hereto. (d) Captions used for or in Sections, Articles and Exhibits of this Agreement are expressly not made part of the contract between the parties and shall not affect the construction of the Agreement. 6.3 Recitals. The Recitals set forth above are a part of this Agreement for all purposes. 6.4 Indemnity. (a) Union Station hereby indemnifies and holds harmless the Commission and its employees, agents, and representatives from and against any and all claims, demands, suits, and damages arising out of the negligent or intentional acts or omissions of Union Station while performing its obligations under this Agreement. (b) The Commission hereby indemnifies and holds harmless Union Station and its employees, agents, and representatives from and against any and all claims, demands, suits, and damages arising out of the negligent or intentional acts or omissions of the Commission while performing its obligations under this Agreement,