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and payable (in which case default shall be determined in accordance with the provisions
<br />of the Note), if such violation is not corrected to the satisfaction of the City within thirty
<br />(30)days after the date such notice is mailed (or within such shorter or longer time as the
<br />City, in its sole discretion, may determine), the City may, without further prior notice,
<br />declare in writing a default under this Agreemen�, declare the Loan principal and interest
<br />accrued immediately due and payable pursuant to the terms of this Agreement and the
<br />other Loan Documents, and seek any other remedy under applicable law.
<br />The City also may, if it deems it appropriate, apply to any court, State or Federal, for remedy
<br />for breach of contract; for specific performance of this Agreement or any Loan Document;
<br />for an injunction against any violation by EGM of this Agreement or any Loan Document;
<br />for the appointment of a receiver to take over and operate the Project in accordance with
<br />the terms of this Agreement and the Loan Documents; or for such other and further relief
<br />as may be appropriate, it being agreed by EGM that the injury to the City arising from a
<br />default under and of the terms of this Agreement or the Loan Documents would be
<br />irreparable and that it would be extremely difficult to ascertain the amount of
<br />compensation to the City which would afford adequate relief, in light of the City's purposes
<br />and policies.
<br />VI.HOLD HARMLESS AND INDEMNIFICATION
<br />To the extent of EGM's (or EGM's employees, agents, representatives or
<br />subcontractors/subconsultants) negligence, breach of this Agreement, violation or law, or
<br />willful misconduct, and except as otherwise provided in this Section, EGM hereby agrees to
<br />defend and indemnify and save harmless the City and the County from any and all Claims
<br />arising from or relating to this Agreement or the Project or the Project Property, whether
<br />such Claims sound in contract, tort, or any other legal theory. EGM is obligated to defend
<br />and indemnify and save harmless the City and the County pursuant to this Section whether
<br />a Claim is asserted directly against the City or County, or whether it is asserted indirectly
<br />against the City or County, e.g., a Claim is asserted against someone else who then seeks
<br />contribution or indemnity from the City or County. EGM's duty to defend and indemnify
<br />and save harmless pursuant to this Section is not in any way limited to, or by the extent of,
<br />insurance obtained by, obtainable by, or required of EGM. EGM's obligations under this
<br />Section shall not apply to Claims caused by the sole negligence of the City or County. If (1)
<br />RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from
<br />the concurrent negligence of (a) EGM, its employees, subcontractors/subconsultants or
<br />agents and (b) the City or County, then EGM's liability under this Section shall be only to the
<br />extent of EGM's negligence. Solely and expressly for the purpose of its duties to indemnify
<br />and defend and save harmless the City and the County, EGM specifically waives any
<br />immunity it may have under the State Industrial Insurance Law, Title 51 RCW. EGM
<br />recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br />pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As
<br />used in this Section: (1) "City" includes the City, the City's officers, employees, agents, and
<br />representatives, (2) "County" includes the County, the County's officers, employees, agents,
<br />and representatives, and (3) "Claims" include, but is not limited to, any and all losses,
<br />penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees
<br />and litigation expenses), suits, judgments, or damages, irrespective of the type of relief
<br />sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br />damage alleged is bodily injury, damage to property, economic loss, general damages,
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