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costs, damages and expenses of every kind and description by reason of bodily injury <br /> sustained by any person or persons (including death at any time resulting therefrom), <br /> or damages to property, including loss of use thereof, resulting from acts or omissions <br /> of J & H which are negligent, unlawful or in breach of this Agreement and arise out <br /> of J & H's operation of the CUP area. This provision is not intended to limit or waive <br /> any defenses available to the aforementioned municipalities, including, those <br /> established by § 893.80, Wis. Stats., or any successor statutory provision. The terms <br /> and conditions of this indemnification agreement shall include J & H's obligation to <br /> pay the reasonable costs incurred by the Town for legal fees in enforcing any <br /> provision herein or by virtue of the Town being named a party to any proceeding <br /> covered by this Paragraph. <br /> 14. Miscellaneous. The invalidity or unenforceability of any provisions of <br /> this Agreement shall not affect or impair the validity or enforceability of any other <br /> provision hereof. Time is of the essence as to all provisions of this Agreement. The <br /> laws of Wisconsin shall govern the validity and enforcement of this Agreement. This <br /> Agreement constitutes the entire Agreement between the parties concerning the subject <br /> matter hereof and supersedes all previous understandings, whether oral or written. <br /> There are no agreements, understandings, representations or conditions by or among <br /> the parties other than those set forth'herein. This Agreement shall be binding upon <br /> and shall inure to the benefit of the heirs, successors, and assigns of the parties. This <br /> Agreement may be amended, and any of the provisions hereof may be waived, only <br /> by a writing signed by both parties or, in the case of a waiver, by the party waiving <br /> -7- <br />