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Right of Entry, Release of 6Lity, Assumption of Risk, Indemnificalon, <br /> Defense and Hold Harmless Agreement <br /> Page 3 of 4 <br /> third party and that the City shall have no obligation under this Agreement to pay, or otherwise <br /> reimburse, Dietz for any work performed at, or in connection with,the Property. <br /> If any provision of this Agreement is determined by an appropriate court of jurisdiction to be <br /> unenforceable, the remaining provisions herein are stipulated to be enforceable and binding. <br /> By signing below, Dietz acknowledges that its authorized representative has read the foregoing <br /> Agreement and understands each of its provisions and freely, voluntarily, and intelligently agrees <br /> to same. Dietz has been afforded an opportunity to consult with counsel of its own choosing <br /> regarding this Agreement prior to signing same. <br /> The individuals executing this Agreement represent and warrant that they have the right, power, <br /> legal capacity, and authority to enter, into and to execute this Agreement on behalf of the <br /> respective Iegal entitiesofDietz and the CITY. This Agreement shall inure to the benefit of and' <br /> be binding upon the parties hereto and their respective successors and assigns. <br /> Dietz Engineeriniz and Construction,Inc. <br /> Witness my hand this 1 day of J->�- 2010. <br /> Printed Name: Dai Watkins <br /> Title: Vice President <br /> Signature: 4 <br /> Witness my hand this day of 12010. <br /> Printed Name: H. Bernard Dietz <br /> Title: Treasurer <br /> Signature: . , <br /> City of Traey <br /> Witness my hand this 5 t�, day of �„ 2010. <br /> Printed Name: R. Leon Churchill, Jr. <br /> I <br /> Title: City Man 7City of acy <br /> Signature: <br />