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3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if <br />the City determines that the funds will be used for a purpose which may cause a significant risk of <br />injury, the City may, in its sole discretion, require Recipient to provide certain insurance and <br />participant waiver/release protections. This right shall be on-going and may be implemented by <br />the City at any time, and all insurance and waiver/release forms shall be provided on forms, in <br />amounts and with provisions acceptable to City. <br />3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted <br />as City establishing or providing oversight, control or approval of the Community Benefit or any <br />activities conducted by the Recipient. <br />3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient <br />shall assume all risks associated with the Community Benefit, including, but not limited to, the <br />possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, <br />indemnify and hold City and its officials, officers, employees, agents and volunteers free and <br />harmless from and against any and all claims, demands, causes of action, costs, expenses, <br />liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful <br />death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct <br />or other activities of the Recipient or its officials, officers, employees, agents, guests, participants <br />attendees, and contractors, including the performance of the Community Benefit or this <br />Agreement, including without limitation the payment of all consequential damages and attorneys <br />fees and other related costs and expenses. The only exception to the Recipient's obligations <br />hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, <br />damages or injuries caused by the sole negligence, sole willful misconduct or sole active <br />negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and <br />all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or <br />instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall <br />pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, <br />officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. <br />Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for <br />any and all legal expenses and costs incurred by each of them in connection therewith or in <br />enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be <br />restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, <br />employers, agents or volunteers. The indemnification provisions of this Agreement shall survive <br />any expiration or termination of this Agreement. <br />3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the <br />Parties with respect to the subject matter hereof, and supersedes all prior negotiations, <br />understandings or agreements. The terms and conditions of this Agreement may be altered, <br />modified or amended only by written agreement signed by both Parties. <br />3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient <br />represents and warrants that the Recipient has all requisite power and authority to conduct its <br />business and to execute, deliver and perform this Agreement. Each Party warrants that the <br />Exhibit 6 <br />