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2020/07/08 Council Agenda Packet
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2020/07/08 Council Agenda Packet
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Council Agenda Packet
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7/8/2020
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5. INDEMNIFICATION. To the extent of its fault,DOG DAY <br /> AFTERNOON hereby agrees to defend, indemnify and hold the City harmless <br /> from any and all Claims for injury to people or damage to property arising out of <br /> or related to this License. "City" means the City, its officers, employees and <br /> agents. "Claims" means any loss, injury, demand, settlement and lawsuit, and <br /> further includes any and all reasonable litigation costs such as attorney's fees, <br /> expert fees and costs, and court costs. "Injury to people" includes, but is not <br /> limited to, bodily injury and death. "Damage to property" includes, but is not <br /> limited to damage or injury to the property, any City facilities and any property <br /> owned by third parties. This defense and indemnification obligation shall survive <br /> any termination, revocation or expiration of this Agreement. <br /> 6. HAZARDOUS MATERIALS. DOG DAY AFTERNOON hereby agrees <br /> not to store any materials on the property that are classified as hazardous or <br /> dangerous under the Washington Model Toxic Control Act. Breach of this <br /> provision shall be considered an "injury" to property as prohibited herein. <br /> 7. TERIYIINATION. The City may terminate this License upon 10 (ten) <br /> calendar days written notice to Grantee. This right is in addition to any other rights <br /> at law or in equity. DOG DAY AFTERNOON may terminate this License upon 90 <br /> calendar days written notice to the City. <br /> 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties at <br /> the following addresses: <br /> CITY OF EVERETT <br /> Attn.: Cory Rettenmier <br /> Everett Parks and Community Services Department <br /> 802 E. Mukilteo Blvd <br /> Everett, Washington 98203 <br /> DOG DAY AFTERNOON <br /> Attn: Bruce Barstow <br /> 1242 State Ave Suite I-270 <br /> Marysville, WA 98270 <br /> Wage <br />
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