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ARTICLE VII <br />DISCLAIMER OF WARRANTIES; ACCESS; INDEMNIFICATION <br />Section 7.1. Disclaimer of Warranties. NEITHER THE AUTHORITY NOR ITS <br />ASSIGNS MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR <br />IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR <br />FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE <br />CONTEMPLATED BY THE CITY OF THE PROPERTY OR ANY OTHER <br />REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. IN NO <br />EVENT SHALL THE AUTHORITY OR ITS ASSIGNS BE LIABLE FOR INCIDENTAL, <br />INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR <br />ARISING OUT OF THE SITE AND FACILITY LEASE OR THIS LEASE AGREEMENT <br />FOR THE EXISTENCE, FURNISHING, FUNCTIONING OR THE CITY'S USE OF THE <br />PROPERTY, <br />Section 7.2. Access to the Property. The City agrees that the Authority and any <br />Authority Representative, and the Authority's successors or assigns (including the <br />Assignee), shall have the right at all reasonable times to enter upon and to examine and <br />inspect the Property. The City further agrees that the Authority, any Authority <br />Representative, and the Authority's successors or assigns (including the Assignee) shail <br />have such rights of access to the Property as may be reasonably necessary to cause the <br />proper maintenance of the Property in the event of failure by the City to perform its <br />obligations hereunder. <br />Section 7.3. Release and Indemnification Covenants. The City shall and hereby agrees <br />to indemnify and save the Authority, the Assignee and their respective officers, agents, <br />successors and assigns harmless from and against all claims, losses and damages, including <br />legal fees and expenses, arising out of or from (i) the use, maintenance, condition or <br />management of any work or thing done on the Property by the City, (ii) any breach or <br />default on the part of the City in the performance of any of its obligations under this Lease <br />Agreement, (iii) any act or omission of the City or of any of its agents, contractors, servants, <br />employees or licensees with respect to the Property, (iv) any act or omission of any <br />sublessee of the City with respect to the Property, or (v) the payment of costs of the <br />Property. No indemnification is made under this Section 7.3 or elsewhere in this Lease <br />Agreement for willful misconduct, negligence or breach of duty under this Lease <br />Agreement by the party seeking indemnity or any of its officers, agents or employees. <br />-16- <br />