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5. The District Shall Not Damage City Facilities and Property. The District agrees
<br />that as a condition to this License, the District will take all reasonable precautions to protect and
<br />preserve from damage, destruction and/or interference the City's sidewalk, curb and roadway.
<br />Unless the parties agree otherwise, after installation, and upon expiration of this License, the
<br />District shall restore the City's sidewalk to its former condition at the District's expense.
<br />6. Relocation or Removal of Charging Equipment. In the event that the City
<br />determines that it is necessary to relocate, temporarily close or remove access to the Charging
<br />Equipment in order to avoid and not interfere with a City project or operation, the District agrees
<br />to comply with such request at its sole cost and expense, within sixty (60) days after it has received
<br />written notice from the City setting forth in reasonable detail the reasons for the relocation or
<br />temporary closure and outlining the operation which the City proposes to construct or conduct on
<br />the sidewalk or roadway.
<br />7. License Subject to Existing Uses. This License is subject to all of the existing uses
<br />of the sidewalk property by the City, and its permittees, licensees, and/or grantees.
<br />8. General Indemnification and Hold Harmless.
<br />a. In partial consideration for this License, the District hereby agrees to indemnify,
<br />defend, hold harmless and release the City and its officers, employees and agents from and against
<br />any and all liabilities, losses, claims, damages, costs, demands, fines, judgments, penalties,
<br />obligations and payments, together with any reasonable costs and expenses (including, without
<br />limitation, reasonable attorneys' fees and out-of-pocket expenses) incurred in connection with any
<br />of the foregoing, to the extent they result from, relate to or arise out of or in connection with (i)
<br />work done on the City's sidewalk pursuant to this License; (ii) use of the Charging Equipment;
<br />and/or (iii) any negligence act or omission, or intentional misconduct, of the District, its
<br />employees, agents and/or- contractors.
<br />b. In the event that the District and the City are both negligent with regard to any
<br />particular event, then District's liability for indemnification of the City shall be limited to its
<br />contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs
<br />and expenses (including reasonable attorneys' fees and disbursements) that can be apportioned to
<br />the District, its employees, and/or agents.
<br />d. Solely and expressly for purposes of its duties to indemnify and hold harmless the
<br />City as set forth above, the District specifically waives any immunity it might have under the State
<br />Industrial Insurance law, RCWTitle 51, or any similar- worker's compensation act, in the event
<br />that a claim is made against the District for an injury to any employee of District. THE DISTRICT
<br />ACKNOWLEDGES THAT THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE
<br />PARTIES.
<br />e. Nothing contained in this section of this License shall be construed to create a
<br />liability or a right of indemnification in any third party.
<br />f. The provisions of this section shall survive the termination of this License with
<br />respect to any event occurring prior to such termination.
<br />9. Assumption of Risk. The District does herewith assume all risk of loss, damage
<br />Limited Use License Page 2
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