SB Sushi Inc dba Tokyo House 12/14/2020

to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency,the Small Business Administration,or the Washington State Department of Commerce,to the extent of proceeds paid to Grantee under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits("DOB"). Upon receiving any DOB proceeds,Grantee agrees to immediately notify the City.If some or all of the proceeds are determined to be a DOB,the portion that is a DOB shall be paid to the City forthwith. VII.INDEMNIFICATION A. The Grantee shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs,claims,judgments and/or awards or damages,arising out of,or in any way resulting from,the acts or omissions of the Grantee,its officers,employees and agents in performing this Agreement. B. To the extent the Grantee is determined to be more properly classified as a subcontractor of the City under the terms of the City's Interagency Agreement with the Washington State Department of Commerce,neither the Washington State Department of Commerce nor the State of Washington shall be liable for claims or damages arising from the Grantee's performance of the Agreement. IN WITNESS THEREOF the parties have executed this Agreement as of the day and year indicated below 5