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7. Maintenance. Newport shall keep and maintain the parking spaces licensed under this <br />Agreement within the Property in good and clean condition, including the regular removal of all <br />litter and trash. <br />8. Indemnification. This Agreement is one of licensing of property and is not a <br />bailment. The parties agree thud the City shall not assume any responsibility for the vehicles licensed <br />to be parked within the Property under this Agreement and the contents therein. Newport, as a <br />material part of the consideration to be rendered to the City under this Agreement, to the extent <br />permitted by law, hereby waives all claims against the City, its agents servants or employees for loss, <br />theft or damage to vehicles licensed to be parked within the Property under this Agreement and the <br />contents therein. To the extent permitted by law, Newport shall indemnify, defend and hold the City, <br />its employees and public officials, agents, and servants harmless from, and on account of, any damage <br />or injury to any person, or to the property, goods, wares and merchandise of any person, arising from <br />the use of the Property by patrons of Newport Beachside Hotel and Resort. <br />9. Agumntion of Risk. All property belonging to Newport or any their parking patrons <br />of the Property authorized under this Agreement shall be there at the risk of Newport or such other <br />person only. Except for the intentional or sole actions of the City or its agent or employees, the City, <br />its employees and public officials, and agents shall not be liable for injury to persons, or damage to, or <br />theft of, or misappropriation of such property by any means whatsoever resulting from the use of the <br />Property under this Agreement. Newport shall give prompt notice to the City in case of any such <br />injury, damage, theft, or misappropriation. In case any action or proceeding should be brought against <br />the City by reason of any obligation on Newport's part to be performed under the teams of this <br />Agreement or arising from any act or negligence of Newport, or of its agents or employees, Newport, <br />upon notice from the City, shall defend the City at Newport's expense, by counsel reasonably <br />satisfactory to the City. <br />10. Compliance with Law. Newport shall comply with all applicable state, county and <br />City laws and ordinances in fulfilling its responsibilities under this Agreement. Newport agrees that <br />the Property shall only be used by its employees, contractors, agents, and invitees, to accommodate <br />potential overflow parking from patrons of the Newport Beachside Hotel and Resort. <br />11. Termination. Either party shall have the right to immediately terminate this <br />Agreement without cause upon written notice to the other party. <br />12. Attornm Fees. In the event of any dispute arising out of or related to this Agreement, <br />the prevailing party shall be entitled to receive from the other party the reasonable attorneys' fees, <br />costs and disbursements and court costs incurred by the prevailing party through the trial and all <br />appellate levels and including any of same incurred in connection with enforcement of judgments and <br />other collection costs. <br />13. Binding. The provisions of this Agreement shall be binding upon the parties thereto <br />and their respective successors and/or assigns. <br />14. Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties and may not be changed, altered or modified except by an instrument in writing signed by the <br />party against whom enforcement of such change would be sought. <br />�g <br />