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7. Construction. <br /> (A)The Committee has raised the funds necessary to construct the Memorial and they are held <br /> at the Community Foundation in the WWII Memorial Account.The Committee has provided to the Authority <br /> verification of the funds held for the purpose of construction of the Memorial.Verification of the funds held <br /> by the Committee has been given to the Authority for the purpose of timely construction of the Memorial. <br /> (C) Completion of Construction. The Committee agrees that construction of the Memorial <br /> area shall be completed within one hundred and eighty(180)consecutive calendar days from the beginning date <br /> of construction,unless otherwise mutually agreed upon. <br /> 8. Ceremony Notification. The Committee agrees, acknowledges and states that it is aware that the <br /> Memorial is placed within a frequently traveled public street.Any disruption of use of the street for vehicular <br /> traffic is detrimental to persons using the building of the Authority located near the site of the Memorial, as <br /> well as to the general public. The Committee agrees that it will notify the Authority no less than thirty (30) <br /> consecutive calendar days prior to any ceremony or organized event which will take place at the site of the <br /> Memorial of which the Committee is aware. <br /> 9. Rules.All property surrounding the Memorial circle remains under the full and complete <br /> control at all times of the Authority. <br /> 10. Indemnification. The Committee shall, to the fullest extent provided by law, indemnify and <br /> hold harmless the Authority, its officers, Board members (individually and in their official capacity), <br /> employees and agents from and against all damage,liability,losses and expenses,including,but not limited to, <br /> attorneys' fees and defense costs,litigation and court costs, amounts paid in settlement and amounts paid to <br /> - discharge judgments,directly or indirectly resulting from,arising out of or in any way connected with: <br /> (A) the use of the area or any part of the facilities of the Authority by the Committee; i <br /> (B) the performance,or lack thereof,by the Committee of any of the terms of this Agreement; <br /> (C) any alleged liability of the Authority for acts or alleged acts of the Committee <br /> related to this Agreement;. <br /> (D) the design,construction,operation,use,occupancy and maintenance of the Memorial area; <br /> and <br /> (E) bodily or personal injury or death of any person or damage to any property, by reason of <br /> the use of the Memorial area by.the Committee or any person or persons, including, but <br /> not limited to,members of the public. <br /> 11. Waiver. The Committee does, to the maximum extent permitted by law, waive any and all <br /> claims against the Authority due to acts or omissions of the Authority resulting from or arising out of the use <br /> or intended use by the Committee of the Memorial area or any part of the facilities of the Authority. This <br /> waiver, as well as the provisions for indemnification contained in paragraph 10 hereof, shall survive the <br /> termination of this Agreement for any reason. <br /> 12. Insurance(Contractor Insurance).In addition to the above,prior to commencement of <br /> work on the project,the Committee shall cause the Contractor to Hanish to the Authority a Certificate of <br /> Insurance which indicates the Contractor has in effect for the project,insurance of no less than the <br /> insurance,coverages and limitations stated in Paragraph 12(A)of this Agreement. Such <br /> Page -4- <br />