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City, its officers, employees and agents. "Claims" means any loss, injury, demand, <br /> settlement and lawsuit, and further includes any and all reasonable litigation costs such as <br /> attorney's fees, expert fees and costs, and court costs. "Injury to people" includes, but is <br /> not limited to, bodily injury and death. "Damage to property" includes, but is not limited <br /> to damage or injury to the property, any City facilities and any property owned by third <br /> parties. <br /> Section 6. HAZARDOUS MATERIALS. FORMA hereby agrees not to store any <br /> materials on the property that are classified as hazardous or dangerous under the <br /> Washington Model Toxic Control Act. Breach of this provision shall constitute "damage <br /> to property,"requiring indemnification, as specified in Section 5, above. <br /> Section 7. TERMINATION. The City may terminate this License upon 24-hours <br /> written notice to FORMA. This right is in addition to any other rights at law or in equity. <br /> Section 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties <br /> at the following addresses: <br /> City of Everett <br /> Attn.: Darcie Byrd <br /> Facilities/Real Property Director <br /> 3200 Cedar St. <br /> Everett, Washington 98201 <br /> dbyrdneverettwa.gov <br /> Office: (425) 257-7294 <br /> FORMA Inc. <br /> Attn: Rob Wettleson, Project Manager <br /> FORMA, Inc. <br /> PO Box 11489 <br /> Olympia, WA 98508 <br /> RobW@formacc.com <br /> Office: (206) 719-6721 <br /> Section 9. NO ASSIGNMENT. This License is personal to FORMA and may not be <br /> transferred, assigned, conveyed, pledged, encumbered, or hypothecated. <br /> Section 10. COMPLIANCE WITH LAW. FORMA agrees to comply with all <br /> applicable Federal,State,and Local laws and regulations and to acquire all permits required <br /> by law or regulation. <br /> Section 11. INSURANCE. FORMA shall maintain commercial general liability <br /> insurance coverage during the term of this License with$1,000,000 combined single limits, <br /> which insurance shall be primary and non-contributing. FORMA shall ensure the City is <br /> endorsed as an additional insured on the policy. FORMA shall provide the City evidence <br /> page 2 <br />