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8 . <br /> 6. Hold Harmless and Indemnification. The City acknowledges that the Mall has not made <br /> any, and makes no,representations regarding the condition of the location of training <br /> activities. The City further acknowledges that the City and its agents/contractors assume <br /> all risk of injury from entry onto the location of the training activities and the structures <br /> thereon for the training activities. The City agrees that it will indemnify and hold the <br /> Mall(including the Mall's members, officers, directors, and employees).harmless from <br /> any and all claims (including claims for personal injury), damages,expenses, costs, fees <br /> (including any court costs and reasonable attorneys' fees),fees,fines and/or penalties <br /> which may be imposed or incurred by the Mall resulting from or related to entry onto the <br /> training location for training activities as provided under this Agreement. In the event of <br /> such a claim,the Mall will deliver to the City prompt written notice thereof,and the City • <br /> may, at its option, assume the defense of such claim. <br /> IN WITNESS WHEREOF,the City and the Mall have executed this Agreement as of the <br /> date first above written. <br /> CITY OF EVERETT,WASHINGTON EVERETT MALL,LLC <br /> a Delaware limited liability company <br /> BY: Steadfast Commercial Management <br /> Company,Inc.a California corporation <br /> By: Independent Contractor for and Authorized <br /> Ray Stephanson,Mayor Agent_of Owner. <br /> By: "wiltof_t <br /> Its VVP� Wre<fC i°t <br /> • <br /> • <br /> Date: ) <br /> Date: 4 /t /13 <br /> AI hST: <br /> Sharon Fuller,City Clerk <br /> Date: <br /> APPROVED AS TO FORM: <br /> • <br /> James D.Iles, City Attorney <br /> Agreement between the City of Everett Page 2 of 2 <br /> • and Everett Mall(2) <br /> 41 <br />