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<br />ARTICLE VII <br /> <br />DISCLAIMER OF WARRANTIES; ACCESS; INDEMNIFICATION <br /> <br />Section 7.1. Disclaimer of Warranties. NEITHER THE AUTHORITY NOR ITS ASSIGNS <br />MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO <br />THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY <br />PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF <br />THE PROPERTY OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO <br />THE PROPERTY. IN NO EVENT SHALL THE AUTHORITY OR ITS ASSIGNS BE LIABLE FOR <br />INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION <br />WITH OR ARISING OUT OF THE SITE AND FACILITY LEASE OR THIS LEASE <br />AGREEMENT FOR THE EXISTENCE, FURNISHING, FUNCTIONING OR THE CITY'S USE <br />OF THE PROPERTY. <br /> <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 Assignee), <br />shall have the right at all reasonable times to enter upon and to examine and inspect the <br />Property. The City further agrees that the Authority, any Authority Representative, and the <br />Authority's successors or assigns (including the Assignee) shall have such rights of access to <br />the Property as may be reasonably necessary to cause the proper maintenance of the Property <br />in the event of failure by the City to perform its obligations hereunder. <br /> <br />Section 7.3. Release and Indemnification Covenants. The City shall and hereby agrees to <br />indemnify and save the Authority, the Assignee and their respective officers, agents, successors <br />and assigns harmless from and against all claims, losses and damages, including legal fees and <br />expenses, arising out of or from (i) the use, maintenance, condition or management of any work <br />or thing done on the Property by the City, (ii) any breach or default on the part of the City in <br />the performance of any of its obligations under this Lease Agreement, (iii) any act or omission <br />of the City or of any of its agents, contractors, servants, employees or licensees with respect to <br />the Property, (iv) any act or omission of any sublessee of the City with respect to the Property, <br />or (v) the payment of costs of the Property. No indemnification is made under this Section 7.3 <br />or elsewhere in this Lease Agreement for willful misconduct, negligence or breach of duty <br />under this Lease Agreement by the party seeking indemnity or any of its officers, agents or <br />employees. <br /> <br />-17- <br />