License Agreement for Temp. Use - Gardening Purposes 630 & 632 Harrison

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damages, and liabilities of any kind, including reasonable attorneys' fees and costs, resulting from damage or injury to any person or property upon the Property, the Grantee's use of the Property under the License, or otherwise in connection with this Agreement. If any action is brought against the City (or its officials, boards, employees, agents, or contractors) in connection with Grantee's use of the License Area, Grantee agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 16. Reservation of Rights. The City reserves for itself the free use of the Property in any manner that does not substantially interfere with or obstruct the Grantee's license under this Agreement. 17. InteC2retation; Governing Law. Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement will not be more strictly construed, nor will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement will be governed and construed in accordance with the laws of the State of Indiana. 18. Assignment. The Grantee may not assign this Agreement or the License granted herein to any other person or party without the City's prior written consent. Any attempt by the Grantee to assign or otherwise convey any interest in this Agreement will be void and of no force or effect unless the Grantee first obtains the City's written consent. 19. Entire Agreement; Amendment. This Agreement embodies the entire agreement between the City and the Grantee and supersedes all prior discussions, understandings, or agreements, whether written or oral, between the City (or any representative of the City) and the Grantee concerning the Grantee's use of the Property. This Agreement may be amended only by separate writing, signed by the City and the Grantee. 20. Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 21. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. 22. Authority; Counterparts; Signatures. Each undersigned person certifies that he or she is duly authorized to bind his or her respective Party to the terms of this Agreement. This Agreement may be separately executed in counterparts by the City and the Grantee, and the same, when taken together, will be regarded as one original agreement. Electronically transmitted signatures will be regarded as original signatures.