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F. DPD commits to regular use of the System as well as oversight and scheduling for the <br /> maintenance and repair of the System. All associated costs for maintenance and repair will be paid <br /> by the PSTF. DPD will check the System when it is not in use. <br /> G. This equipment will be available to MCLETC and PSTF as a secondary training device <br /> and use of the equipment will be scheduled through the designated DPD personnel. <br /> ARTICLE THREE—LIMITATIONS <br /> The nature of this grant is a license. This Agreement is not assignable or otherwise transferable. <br /> As part of the consideration of the PSTF entering into this Agreement, the City agrees that the <br /> Decatur City Council shall first pass a resolution whereby the City approves the terms of this <br /> Agreement and fully indemnifies the PSTF,as more fully set forth below,which obligations shall <br /> survive the termination or expiration of this Agreement. <br /> ARTICLE FOUR—LIABILITY <br /> The City agrees to assume liability for any loss, cost, claims, demands, damage and/or expense <br /> arising out of any demand, claim, suit or judgment for damages to property arising from the acts <br /> or omissions of any DPD personnel related to the City's use of the System and Facility, including <br /> tortious acts or omissions resulting in injury to or death of persons, including the officers, agents <br /> and employees of either party herein. <br /> Notwithstanding the indemnity obligations contained herein or assumed by this Agreement, the <br /> City has no liability, and shall not be responsible to indemnify any party, for any demand, claim, <br /> suit or judgment arising out of the acts or omissions of the PSTF or their respective employees, <br /> agents, and contractors. <br /> ARTICLE FIVE—TERMINATION <br /> This initial Agreement is effective upon the last to occur of the City passing its approving <br /> resolutions, and shall end on the last day of the twelfth full calendar month falling after such <br /> commencement. This Agreement shall automatically be renewed thereafter for successive twelve- <br /> month periods,provided that this Agreement may be terminated by either party hereto at any time, <br /> by giving thirty (30) days prior written notice to the other party at the address shown on the <br /> signature page. <br /> ARTICLE SIX—ENTIRE AGREEMENT <br /> This Agreement constitutes the entire agreement of the PSTF and the City as to the System and <br /> Facility and the matters set forth herein. <br /> 2 <br />