2014/02/12 Council Agenda Packet

90 5. Liability Insurance= The City is a self-insured entity and will furnish a letter detailing its self-insured status to the Mall prior to the commencement of training activities. • 6. Hold Harmless and Indemnification. The City acknowledges that the Mall has not made any, and makes no,representations regarding the condition of the location of training activities. The City further acknowledges that the City and its agents/contractors assume all risk of injury from entry onto the location of the training activities and the structures thereon for the training activities. The City agrees that it will indemnify and hold the Mall(including the Mall's members,officers,directors,and employees)harmless from any and all claims(including claims for personal injury), damages,expenses,costs,fees (including any court costs and reasonable attorneys' fees), fees,fines and/or penalties which may be imposed or incurred by the Mall resulting from or related to entry onto the training location for training activities as provided under this Agreement. In the event of such a claim,the Mall will deliver to the City prompt written notice thereof,and the City - may, at its option,assume the defense of such claim. . IN WITNESS WHEREOF,the City and the Mall have executed this Agreement as of the date first above written. • CITY OF EVERETT,WASHINGTON EVERETT MALL,LLC a Deleware limited liability company BY: Steadfast Commercial Management • Company,Inc.a California corporation By: Independent Contractor for and Authorized . Ray Stephanson,Mayor Agent of Owner. By: - • Its V g'c' i4& Date: V Date: ij/61/1 ATTEST: • Sharon Fuller,City Clerk . Date: APPROVED AS TO FORM: James D.Iles,City Attorney - Date: - Agreement between the City of Everett • Page 2 of 2 and Everett Mall(2) 31