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RCNW agrees that any trash stored on site shall be secured and that any stored trash will not <br /> attract vectors (rats and birds). <br /> 5. INDEMNIFICATION. RCNW hereby agrees to defend, indemnify and hold the City harmless <br /> from any and Claims for injury to people or damage to property arising out of or related to this <br /> License. "City" means the City, its officers, employees and agents. "Claims" means any loss, <br /> injury, demand, settlement and lawsuit, and further includes any and all reasonable litigation <br /> costs such as attorney's fees, expert fees and costs, and court costs. "Injury to people" includes, <br /> but is not limited to, bodily injury and death. "Damage to property" includes, but is not limited <br /> to damage or injury to the property, any City facilities and any property owned by third parties. <br /> This defense and indemnification obligation shall survive any termination, revocation or <br /> expiration of this Agreement. <br /> 6. HAZARDOUS MATERIALS. RCNW hereby agrees not to store any materials on the property <br /> that are classified as hazardous or dangerous under the Washington Model Toxic Control Act. <br /> Breach of this provision shall be considered an"injury"to property as prohibited herein. <br /> 7. TERMINATION. The City may terminate this License upon 30 days written notice to RCNW. <br /> This right is in addition to any other rights at law or in equity. RCNW may terminate this License <br /> upon 30 days written notice to the City. <br /> 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties at the following <br /> addresses: <br /> City of Everett <br /> Attn.: Darcie Byrd, Real Property/Facilities <br /> 3200 Cedar St. <br /> Everett,Washington 98201 <br /> Road Construction Northwest,Inc. <br /> Attn:Jake Boose <br /> PO Box 2228 <br /> Renton,WA 98056 <br /> jake@rcnw.com <br /> Cell:425-531-0380 <br /> 9. NO ASSIGNMENT. This License is personal to RCNW and may not be transferred, assigned, <br /> conveyed, pledged,encumbered or hypothecated. <br /> 10. COMPLIANCE WITH LAW. RCNW agrees to comply with all applicable City, County, State <br /> and Federal regulations and laws and acquire all permits required by law or regulation. <br /> 11. INSURANCE. RCNW shall maintain commercial general liability insurance coverage during <br /> the term of this License with $1,000,000 combined single limits, which insurance shall be <br /> page 2 <br />