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Apartment, except as may arise from the gross negligence or intentional misconduct of <br /> Everett or its officers or employees. <br /> 5. Liability. User agrees to defend and indemnify and hold Everett and its <br /> officers and employees harmless from any and all losses, liability, claims or expenses <br /> (including attorneys' fees and costs) arising out of, in connection with, or incident to the <br /> use of the Apartment by User and its student paramedic(s),whether such losses, liability, <br /> claims or expenses sound in contract, tort, or any other legal theory. User's obligations <br /> under this Section 5 shall not apply to Claims caused by the negligence of Everett. <br /> Solely and expressly for the purpose of its duties to indemnify and defend Everett, User <br /> specifically waives any immunity it may have under the State Industrial Insurance Law, <br /> Title 51 RCW. User recognizes that this waiver of immunity under Title 51 RCW was <br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject <br /> of mutual negotiation. This Section 5 survives termination or expiration of this <br /> Agreement. <br /> 6. Term of Agreement. Regardless of when this Agreement is signed by the <br /> parties, this Agreement is deemed to be effective for the entire Lease Term and <br /> terminates at the end of the Lease Term. If Lease terminates for any reason prior to July <br /> 31, 2021,this Agreement automatically terminates upon such Lease termination, with <br /> User only owing rent and costs up to the date of Lease termination. <br /> 7. General Provisions. <br /> a. Administration. Each party to this Agreement shall serve as an <br /> administrator of this Agreement for the purposes of compliance with RCW 39.34.030 for <br /> each party's respective actions in performance of this Agreement. <br /> b. Governing Law. The laws of the State of Washington, without <br /> giving effect to principles of conflict of laws, govern all matters arising out of or relating <br /> to this Agreement. <br /> c. Venue. The parties shall bring any litigation arising out of or <br /> relating to this Agreement only before the Snohomish County Superior Court. <br /> d. Complete Agreement. This Agreement constitutes the entire <br /> agreement of the parties relating to the subject matter of this Agreement. This <br /> Agreement supersedes and replaces all other written or oral agreements thereto. <br /> e. Amendment. No amendment to this Agreement will be effective <br /> unless in writing and signed by the Mayor of Everett and by an authorized representatives <br /> of User. <br /> f. Waiver. No waiver of satisfaction of any condition or <br /> nonperformance of an obligation under this Agreement will be effective unless it is in <br /> writing and signed by the party granting the waiver, and no such waiver will constitute a <br /> 2 <br />