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rl. Liens and Indemnity. Subject to payment b) Lessor pursuant to Section 3. <br /> above.Lessee shall not permit any claims or liens of any kind against the Amended <br /> Leased Premises in relation to the Slurry Wall Work. Lessee agrees to indemnify. <br /> protect and hold Lessor harmless from and against any liability, damage, cost or <br /> expense incurred by Lessor.to the extent caused by any such claim or lien for the <br /> Slurry Wall Work,but only to the extent Lessee has received payment from Lessor <br /> pursuant to Section 3, above. This indemnity includes Lessor's right to recover all <br /> costs and expenses incurred by Lessor to defend against any such liability.damage, <br /> cost or expense, or to enforce this section. including Lessor's reasonable attorney <br /> fcxa,legal lees and expenses. Nothing in this subsection shall preclude Lessee from _ <br /> filing a lien or claim against the An-tended Leased Premises for an) unpaid amounts <br /> owed by Lessor to 1 essee pursuant to Section 3,above. <br /> 7. Attorneys. recs. In the e\cnt either party hereto brings or commences <br /> litigation, arbitration or other action or proceeding to enforce arty of the terms of this <br /> Agreement, the predominantly prevailing party in such action shall then be entitled to <br /> receive and shall receive from the other party. in every such action commenced, a <br /> reasonable sum as attorneys'fees and costs,to be fixed by the court in the same action, <br /> or by the arbitrator in the same arbitration.as the case may hc:. <br /> S. Succes, ors and Assigns. This Agreement and each and all of the covenants <br /> and obligations herein shall be binding upon and inure to the benefit of all the parties <br /> hereto and their respective successors, assigns. heirs. administrators and executors. <br /> 9. Miscellaneous. <br /> a. lnd.pertderrr Contractor. Lessee's relation to Lessor shall be that of an <br /> independent contractor, and neither Lessee no: any contractor, subcontractor or <br /> supplier shall be or shall represent itself to be.an agent or employee of Lessor,and <br /> no person employed by Lessee or any contractor.subcontractor or supplier shall he, <br /> or shall represent itself to be, an agent or employee of Lessor or acting under the <br /> direction of Lessor. Neither Lessor nor any contractor. subcontractor,or supplier <br /> engaged by Lessor shall be. or shall represent itself to be, an agent or employee of <br /> Lessee, and no person employed by Lessor or by any contractor, subcontractor or <br /> supplier engaged by Lessor shall be.or represent itself to be,an agent or employee <br /> of Lessee, or acting under the direction of Lessee. <br /> b. .imcndmentc. This Agreement may only be modified or arne,tded by a <br /> writing executed by all of the panics hereto. <br /> c Notice.,. All notices, demands. consents, approraLs and other <br /> communications(each,a"Notice`)that are required or desired to be given by either <br /> party to the other under this Agreement shall be in writing and shall be (at hand- <br /> delivered, (b) sent by l cdkx, l.PS, or U.S. registered or certified mail, postage <br /> prepaid_return receipt requested,(c)sent by reputable overnight courier service,or <br /> (d) transmitted by email(with a copy to follow by one of the methods set forth in <br /> (a) through (c) above). addressed to the appropriate party at its address set forth <br /> 4 <br />