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ARTICLE VII
<br />OTHER COVENANTS OF THE CITY
<br />Section 7.1. Disclaimer of Warranties. THE AUTHORITY MAKES NO AGREEMENT,
<br />WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE
<br />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 PORTION THEREOF, OR ANY OTHER REPRESENTATION OR
<br />WARRANTY WITH RESPECT TO THE PROPERTY OR ANY PORTION THEREOF. THE
<br />CITY ACKNOWLEDGES THAT THE CITY LEASES THE PROPERTY AS -IS, IT BEING
<br />AGREED THAT ALL OF THE AFOREMENTIONED RISKS ARE TO BE BORNE BY THE
<br />CITY. In no event is the Authority liable for incidental, indirect, special or consequential
<br />damages, in connection with or arising out of this Lease Agreement for the existence,
<br />famishing, functioning or use of the Property by the City.
<br />Section 7.2. Access to the Property; Grant and Conveyance of Right of Entry. The City
<br />agrees that the Authority, and the Authority's successors or assigns, has the right at all
<br />reasonable times, following at least 48 hours written notice provided to the City, to enter upon
<br />and to examine and inspect (to the extent permitted by law and public policy) the Property or
<br />any part thereof. The City further agrees that the Authority, and the Authority's successors or
<br />assigns shall have such rights of access to the Property or any component thereof, following at
<br />least 48 hours written notice provided to the City, as may be reasonably necessary to cause the
<br />proper maintenance of the Property if the City fails to perform its obligations hereunder.
<br />Neither the Authority nor any of its assigns has any obligation to cause such proper
<br />maintenance.
<br />The City further grants, conveys and confirms to the Authority, for the use, benefit and
<br />enjoyment of the Authority, its successors and assigns in interest to the Property, including the
<br />Assignees, and its sublessees, and their respective employees, invitees, agents, independent
<br />contractors, patrons, customers, guests and members of the public visiting the Property, a
<br />right of entry which shall be irrevocable for the Term of this Lease Agreement over, across and
<br />under the property of the City adjacent to the Property to and from the Property for the
<br />purpose of: (a) ingress, egress, passage or access to and from the Property by pedestrian or
<br />vehicular traffic; (b) installation, maintenance and replacement of utility wires, cables,
<br />conduits and pipes; and (c) other purposes and uses necessary or desirable for access to and
<br />from and for operation and maintenance of the Property.
<br />Section 7.3. Release and Indemnification Covenants. The City hereby indemnifies the
<br />Authority, the Assignees and their respective directors, officers, agents, employees, successors
<br />and assigns against all claims, losses and damages, including legal fees and expenses, arising
<br />out of (a) the use, maintenance, condition or management of, or from any work or thing done
<br />on the Property by the City or the City's employees, agents, contractors, invitees or licensees,
<br />(b) any breach or default on the part of the City in the performance of any of its obligations
<br />under this Lease Agreement, (c) any negligence or willful misconduct of the City or of any of
<br />its agents, contractors, servants, employees or licensees with respect to the Property, (d) any
<br />intentional misconduct or negligence of any sublessee of the City with respect to the Property,
<br />(e) the acquisition, construction, improvement and equipping of the Property, (f) the clean -up
<br />of any Hazardous Substances or toxic wastes from the Property, or (g) any claim alleging
<br />violation of any Applicable Environmental Laws, or the authorization of payment of the costs
<br />thereof. No indemnification is made under this Section 7.3 or elsewhere in this Lease
<br />Agreement for willful misconduct or gross negligence under this Lease Agreement by the
<br />Authority, the Assignees, or their respective officers, agents, employees, successors or assigns.
<br />The indemnification hereunder shall continue in full force and effect notwithstanding the full
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