1121 SE EVERETT MALL WAY EVERETT POLICE DEPT SOUTH PRECINCT 2023-02-06

10. Condition of Premises: Lessor represents and warrants that, to the Lessor's knowledge, the Premise and site, prior to Lessee's access to and construction on, are free from any hazardous materials, as that term is defined herein. 11. Indemnity and Hold Harmless: A. Lessee's Obligations. Pertaining to the Premises, Lessee's Use of Premises, this leasehold interest and the Communication Facilities, Lessee shall indemnify and hold harmless the Lessor, its officers,officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's operations in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. The Lessee's obligations under this Section 11 shall include, but are not limited to: i. Defense and indemnification from such claims, whether or not they arise from Lessee's sole negligence, the concurrent negligence of both parties or the negligence or intentional acts of one or more third parties; ii. Defense and indemnification from any claim arising from Lessor's authorization or approval of this Lease or the existence or operation of the Communication Facilities or Lessee's Use of Premises or any emissions therefrom, except to the extent that said claim arises from the installation and operation of equipment placed on the Premises by Lessor; iii. The duty to promptly accept tender of defense and provide defense to Lessor at Lessee's own expense; iv. Defense and indemnification from claims made by Lessee's own employees or agents; and v. Waiver of Lessee's immunity, as respects the Lessor only, under the Industrial Insurance Provisions of RCW Title 51, but only for the sole purpose and only to the extent necessary to indemnify Lessor,which waiver has been mutually negotiated by the parties. B. Attorney's Fees and Expenses. In the event it is necessary for Lessor to incur attorneys' fees, legal expenses or other costs to enforce the provisions of this Lease, all such fees, expenses and costs shall be recoverable from the Lessee. C. Statutory Limitations. In the event it is determined that RCW 4.24.115 applies to this Lease, Lessee agrees to defend, hold harmless and indemnify Lessor to the maximum extent permitted thereunder. In such event, Lessee agrees to defend, indemnify and hold harmless Lessor for claims by Lessee's employees and agrees to waiver of its immunity under RCW Title 51 for the purpose of indemnity only, which waiver has been mutually negotiated by the parties. 14 of* �'2,