Historic Everett Theatre Preservation Society 12/11/2020

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 DUB 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 par ' have executed this Agreement as of the day and year indicated below. /1—I( P-7-0 Mayor,Ci erett Date Attest: City Clerk Date Approved as to form: Office of the City Attorney APPROVED AS TO FORM David C.Hall,City Attorney /R_ ( 0, City Attorney Date Business: The Historic Everett Theatre Preservation Society Name of Business: Ca SI u'uGE-r fri'r f-(&TPS 12/08/2020 Signature Date Manager Title 5