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SEATTLE UNIVERSITY RELEASE OF LIABILITY <br />FOR DONATED EQUIPMENT <br />Seattle University (“the University”) is a Washington nonprofit institution of higher education. <br />From time to time, the University donates equipment to recipients free of charge. <br />By signing this document, the City of Everett (“City”) agrees as follows: <br />1.Donated Equipment. The University is donating to the City the following item(s): <br />Items listed on attached Chain of Custody and Transfer (the “Donated <br />Equipment”) <br />2.Condition “As Is.” The University is not making any representations, warranties, or <br />guarantees about the Donated Equipment, including any implied warranties of <br />merchantability and/or fitness for any purpose. The City is accepting the Donated <br />Equipment “as is.” The City understands that the University will not provide any <br />instructions or follow-up services, replacement parts, or repairs. <br />3.Assumption of Risk. The City understands that there are certain risks of injury that <br />may arise from the possession, transportation, use, or misuse of the Donated Equipment, <br />including the risk of injury, disability, or death, as well as damage to property. The City <br />assumes full responsibility for all risks arising directly or indirectly from my <br />possession, transportation, use, or misuse of the Donated Equipment, both known and <br />unknown, regardless of the cause. <br />4.Waiver and Release. The City waives and releases any and all claims against the <br />University, its officers, agents, employees, trustees, regents, and volunteers (collectively, <br />the “University Parties”) with respect to any and all injury, disability, death, loss or <br />damage to property arising out of or relating to the possession, transportation, use or <br />misuse of the Donated Equipment, regardless of the cause. The City agrees not to sue any <br />of the University Parties on the basis of these waived and released claims. <br />5.Indemnity. The City will defend, indemnify and hold the University Parties harmless <br />from and against any and all liability, loss, damages, claims, and attorney’s fees that <br />may be suffered by any University Party resulting directly or indirectly from the <br />possession, transportation, use, or misuse of the Donated Equipment by the City or any <br />other person. <br />6.The City has read and understands the terms of this agreement. The City <br />understands that this agreement covers each and every item of Donated Equipment <br />that the City is receiving. The City signs it freely and voluntarily. <br />CITY OF EVERETT <br />________________________ <br />Cassie Franklin, Mayor <br />Attest: <br />___________________ <br />Office of the City Clerk