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other agreements, written or oral, express or implied, between the Parties, and/or their successors <br />and assigns, with respect to the Matters released herein, except the Agreement set forth herein. <br />Each Party to this Agreement has substantial experience with the subject matter of this <br />Agreement and each has fully partioipated in the negotiation.and drafting of this Agreement and <br />has been advised by counsel of its choice with respect to the subject matter hereof. Accordingly, <br />this Agreement shal'I be construed without regard to the rule that ambiguities in a document axe' <br />to be construed against the drafter. <br />10. Defense, Indemnification and Hold Hatglless. EI Centro agrees that it accepts sole <br />responsibility for the oonc. ion, placement and use dithe Portable Facilities on the Property. E1 <br />Centro assumes all risks inherent in the placement, operation and use of the Portable Facilities <br />and agrees to assurne all risks and liabilities associated with the Portable Faeilties,. El Centro. <br />agrees to assume responsibility for the defense of, and to pay, indemnify and hold City harmless <br />fi-om, and hereby release City from, any and all claims or lawsuits for damage to property or <br />bodily injury (including death) which results :From the placement, use, operation or possession of <br />the Portable Facilities. The City has made iio representations to EI Centro and has not provided <br />any warranties, expressed or Implied, concerning the condition or fitness for use of the Portable <br />Facilities. <br />11. Section Headings. The section headings contained in this Agreement are for <br />convenience only and shall in no way enlarge or limit the scope or meaning of the varions and <br />several sections hereof <br />12. Gender and Number, Within this Agreement, words of any gender shall be held and <br />construed to include any other gender, and words in the singular number shall be held and. <br />construed to include the plural, unless the context otherwise requires, <br />13. Counterpart Execution. This Agreement may executed hi multiple counterparts, <br />each of which shall be deemed to be an original and all of which together shall constitute one <br />document. <br />14, Severability. If any material portion of this Agreement is held to be unenforceable by <br />a court of competent jurisdiction, the remainder of this Agreement shall remain in fall force and <br />effect. <br />I S. Amendments. This Agreement pray be amended only by written agreement signed by <br />all of the Parties hereto, or their respective successors or assigns. <br />16, Exhibits, All exhibits attached hereto are hereby incorporated into this Agreement as <br />though fully set forth herein. <br />[Signatures on the following page] <br />