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attributable to the insured's Equipment at the Complex; but in no event, less than <br />One Million Dollars and 00/100 ($1,000,000.) per occurrence for liability <br />coverage and One Million Dollars and 00/1 O0 ($1,000,000.) per occurrence for <br />property damage. The parties hereto jointly and severally agree to indemnify and <br />hold haimless each other from and against any and all damages, claims, costs or <br />expenses of any kind or nature (including without limitation, claims resulting <br />from death or injury to an individual and any attorney's fees and court costs) as <br />they are incurred and finally awarded, arising out of or in any way, directly or <br />indirectly, attributable, directly or indirectly, to its respective use of the Complex <br />or the insured's Equipment at the Complex; including without limitation, those <br />claims arising out of or attributable to persons or entities claiming through the <br />insured, such as (for purposes of illustration and not by limitation) agents for, <br />invitees and volunteers working for the insured. <br /> <br />MISCELLANEOUS <br /> <br />Term. The term of the Agreement shall be for twenty-five years, unless <br />terminated sooner as set forth herein. <br /> <br />Governing Law. This Agreement is governed by the laws of the State of North <br />Carolina. <br /> <br />Paragraph Headings. Paragraph headings are for convenience only and are not <br />deemed to be a controlling part of this Agreement. <br /> <br />Resolution of Conflicts. Any conflicts between the temis and conditions of this <br />Agreement and the Lease shall be resolved in favor of the Lease. Furthermore, <br />the parties hereto agree that they will utilize their best efforts to resolve any <br />conflicts or disputes with regard to this Agreement between themselves. <br />However, in the event dispute self-resolution is not successful, the parties agree to <br />a formal mediation of their concerns. In the event mediation is not successful, the <br />parties agree to formal arbitration which shall be binding upon the parties. <br /> <br />No Partnership. No temis or conditions of this Agreement shall be deemed to <br />create a legal partnership between the parties hereto. Neither party has the <br />authority to bind the other party with regard to any commitments of any kind or <br />nature, including without limitation, financial commitments. <br /> <br />Temfination and Amendment. This agreement may not be amended without the <br />written consent of the parties hereto. Either party hereto may terminate this <br />agreement prior to the termination date for cause only, which shall be resolved in <br />accordance with the Resolution of Conflicts provision of this Agreement. <br /> <br /> <br />