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2. The Licensee releases and shall defend, indemnify and hold harmless the <br /> City, its officers, agents and employees, from and against any and all claims, <br /> actions, demands, suits, expenses, losses(including without limitation costs <br /> to repair damage to City property such as the diversion dam)or liability, <br /> arising from or relating to this License or the Permitted Use. Solely and <br /> expressly for the purpose of its duties to indemnify and defend the City, the <br /> Licensee specifically waives any immunity it may have under the State <br /> Industrial Insurance Law,Title 51 RCW. The Licensee recognizes that this <br /> waiver of immunity under Title 51 RCW was the subject of mutual <br /> negotiation. <br /> 3. This License expires fifteen years from the date of this License unless <br /> extended by the mutual agreement of both parties. <br /> 4. No amendment of this License is effective unless in writing and signed by the <br /> Mayor for the City and an authorized representative of the Licensee. <br /> 5. Exclusive venue for any lawsuit arising from or relating to this License is <br /> Snohomish County Superior Court, State of Washington. <br /> [signatures on following page] <br /> CITY OF EVERETT PUBLIC UTILITY DISTRICT NO. 1 OF <br /> WASHINGTON SNOHOMISH COUNTY <br /> By: By: <br /> Cassie Franklin, Mayor <br /> (tit <br /> Z(Z-d Name: (l/l f R E€IJ -ASZN <br /> Date Title:YI/►141J 1=GGC-'R-, e-sr 1-€* <br /> ��je'(Z�tGG5 <br /> 5-- -2DZD <br /> Date <br /> ATTEST: <br /> Aildhaga <br /> City Clerk <br /> Date: &p.9-/ 2-0.1-6 <br /> 2 <br />