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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, RCW Title 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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