3214 BROADWAY BROADWAY KINECT APARTMENTS 2021-08-11

Minimum insurance requirements include CGL insurance based on the Insurance Services Office(ISO)form CG 00 01 or equivalent. Grantee shall obtain insurance coverage with an insurer admitted and licensed to conduct business in Washington State or with a surplus lines carrier pursuant to Chapter 48.15 RCW,except that if it is infeasible to obtain coverage with such insurer,the Grantor may approve an alternative insurer. Minimum limits of liability shall be One Million Dollars($1,000,000)for each occurrence and combined single limit bodily injury, property damage with Two Million Dollars ($2,000,000)annual aggregate and a Ten Million($10,000,000)umbrella. The above policy must be primary and non-contributory as to the Grantor and must name the Grantor, its officers,employees and agents as additional insureds. Grantee shall provide to the Grantor, or cause to be provided,certification of insurance coverage on the ACORD form, together with an additional insured endorsement naming the City of Everett,its officers, employees and agents as additional insureds,or a blanket additional insured policy that is acceptable to the City Attorney. Grantee shall deliver such insurance coverage certification to the Grantor at such address as Grantor may specify,from time to time,in writing. 8. Attorneys'Fees. If,by reason of any default hereunder on the part of either Grantor or Grantees,either party employs an attorney,the defaulting party shall pay the non- defaulting party's costs,expenses and attorneys' fees reasonably expended or incurred in connection with such default. 9. Recording. Unless otherwise agreed by the parties,this Agreement will not be recorded. If either party desires to record this Agreement,that party shall give ten (10)days notice to the other party requesting approval-to-record,which will not be unreasonably denied. If this Agreement is recorded,upon termination of this Agreement, Grantee shall,unless directed otherwise in writing by the Grantor,record a Notice of Termination of Tie-Back Easement in a form reasonably acceptable to Grantor. 10. Notice. For a notice under this Agreement to be valid,it must be in writing and the sending party must use one of the following methods of delivery: (a)personal delivery to the address stated below;(b)first class postage prepaid U.S.Mail to the address stated below; or(c)nationally recognized courier to the address stated below,with all fees prepaid. ii Tie-Back Easement and Agreement Page 5