Laserfiche WebLink
Public Works 425.257.8800 everettwa.gov/publicworks Page 2 of 10 <br />5.INDEMNIFICATION. To the maximum extent permitted by law and except to the extent <br />caused by the sole negligence of the City, KING COUNTY shall defend, indemnify, and <br />hold the City harmless from any and all Claims, including without limitation Claims for <br />injury to people or damage to property, arising out o f or related to (A) KING COUNTY’s <br />use of the Biosolids Pad, (B) any biosolids or any other material delivered to the <br />Biosolids Pad by KING COUNTY, (C) any failure by KING COUNTY to transport, store, <br />treat, or dispose of biosolids or any other material in accordance with Exhibit B and all <br />applicable laws, or (D) any release by KING COUNTY of biosolids or any other material. <br />This defense and indemnification obligation shall survive any termination, revocation, or <br />expiration of this Agreement. <br />For the purposes of this Section 5: <br />A.“City” means the City, its officers, employees, and agents. <br />B.“KING COUNTY” means its officers, employees, agents, contractors, and <br />subcontractors. <br />C.“Claims” means any loss, injury, demand, settlement, or lawsuit (including without <br />limitation those based on environmental laws and regulations), and further includes <br />any and all reasonable litigation costs such as attorney’s fees, expert fees and costs, <br />and court costs. <br />D.“Injury to people” includes, but is not limited to, bodily injury or death. <br />E.“Damage to property” includes but is not limited to damage or injury to any City <br />property, including the Biosolids Pad, any City facilities, and any property owned by <br />third parties. <br />F.“Release” shall have the meaning that it has under applicable law. <br />6.HAZARDOUS MATERIALS. KING COUNTY shall not place any materials on the Biosolids <br />Pad or cause any materials to be transported onto any other property owned by the City <br />that are classified as hazardous or dangerous under the Washington Model Toxic <br />Control Act. Breach of this provision shall be considered “damage to property” for the <br />purposes of Section 5, above. <br />7.TERMINATION. The CITY may unilaterally terminate this License Agreement upon thirty <br />(30) days written notice to KING COUNTY. If the City terminates this License Agreement, <br />other than for KING COUNTY’s breach as described below, then the CITY shall refund to <br />KING COUNTY the pro-rated portion of the Advanced Fees paid by KING COUNTY for <br />that season. If KING COUNTY breaches any of its obligations under this License <br />Agreement, then the City may deliver written notice of breach to KING COUNTY. If KING <br />COUNTY does not cure the breach within thirty (30) days after delivery of such notice, <br />then the City may terminate this License Agreement effective on delivery to KING <br />COUNTY of a written notice of termination. KING COUNTY may terminate this Contract, <br />in whole or in part, for any reason by delivering written notice sent certified mail to the <br />City at the mailing addresses stated herein, at least thirty (30) days before the proposed