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Bluewater Distilling LLC <br /> 1205 Craftsman Way,Ste 109 <br /> Everett,WA 98201 <br /> Notice shall be effective when hand-delivered during normal business hours or two (2) business days after mailing, <br /> postage prepaid, to the proper address. Either party may change its address for notices by written notice as specified <br /> above. <br /> VI. SUBROGATION <br /> In consideration of Grantee's receipt of funds from the City, Grantee hereby assigns to the City all of its future rights to <br /> reimbursement and all payments received from any grant,subsidized loan, or insurance policies of any type or coverage or <br /> under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency,the <br /> Small Business Administration,or the Washington State Department of Commerce,to the extent of proceeds paid to <br /> Grantee under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits <br /> ("DOB"). <br /> Upon receiving any DOB proceeds,Grantee agrees to immediately notify the City. If some or all of the proceeds are <br /> determined to be a DOB,the portion that is a DOB shall be paid to the City forthwith. <br /> VII.INDEMNIFICATION <br /> A. The Grantee shall protect,defend, indemnify and save harmless the City,its officers,employees and agents from any and all <br /> costs, claims, judgments and/or awards or damages, arising out of, or in any way resulting from, the acts or omissions of <br /> the Grantee,its officers,employees and agents in performing this Agreement. <br /> B. To the extent the Grantee is determined to be more properly classified as a subcontractor of the City under the terms of <br /> the City's Interagency Agreement with the Washington State Department of Commerce, neither the Washington State <br /> Department of Commerce nor the State of Washington shall be liable for claims or damages arising from the Grantee's <br /> performance of the Agreement. <br /> IN WITNESS THEREOF the parties have executed this Agreement as of the day and year indicated below. <br /> / <br /> Mayor, City of Everett Date <br /> Attest: a/00d) <br /> 2-d Jo' <br /> City C erk Date <br /> Approved as to form: <br /> office of the City Attorney U <br /> APPROVED S'CO FORM <br /> (1 <br /> David . ai , i <br /> City Attorney Date <br /> 5 <br />