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Forestry Agreement No. 2025-03 <br />8. DAMAGE OF PROPERTY. Licensee (and its Permittees) shall use care to avoid <br />damaging or destroying the City property by reason of its operations pursuant to this License. <br />The Payment covers minor incidental damage to nearby residual trees and logs. If the City <br />determines that damage to timber resources exceeds $10,000.00, the Licensee is responsible for <br />reimbursing the City the Delivered Log Value of the damaged forest resources minus $10,000.00. <br />Any damage to roads or other non-timber City property as the direct result of this License shall <br />be repaired at the expense of the Licensee. <br />9. THE CITY’S ACCESS RIGHTS. The City reserves the right to make alterations to the <br />Licensed Property as the City deems necessary, and Licensee (and its Permittees) shall permit the <br />City to enter the Licensed Property for this purpose at any time. <br />10. SUBLETTING AND ASSIGNMENT. Except as to Permittees in accordance with this <br />License, this License is personal to the Licensee and may not be transferred, assigned, subleted, <br />conveyed, pledged, inherited, encumbered, or hypothecated. The contractor selected by the <br />Licensee to remove the logs must be preapproved by the City in writing. <br />11. INDEMNIFICATION. <br />(a) Indemnity. Licensee shall indemnify, defend and hold harmless the City <br />against and from any and all claims, actions, damages, liability, costs and expenses, including <br />attorney’s fees, arising out of or relating to (a) Licensee’s negligence or willful misconduct in <br />connection with the Licensed Property, in connection with this License or in connection with the <br />Licensee’s use of the Licensed Property, (b) any Permittee’s negligence or intentional misconduct <br />in connection with the Licensed Property, in connection with this License or in connection with <br />the Permittee’s use of the Licensed Property, (c) any breach or default in the performance of any <br />obligation on Licensee’s part or any Permittee’s part to be performed under the terms of this <br />License, and from all costs, damages, attorneys’ fees and liabilities incurred in defense of any <br />such claim in any action or proceeding brought thereon. In (a), (b), and (c) of the preceding <br />sentence, the terms “Licensee” and “Permittee” include the Licensee’s and Permittee’s officers, <br />agents, employees, contractors, guests, and invitees. Licensee, as a material part of the <br />consideration to the City, hereby assumes all risk of damage to property or injury to persons in, <br />upon or about the Licensed Property from any cause other than and to the extent of the City’s <br />gross negligence or willful misconduct. Licensee shall give prompt notice to the City in case of <br />casualty or accident in the Licensed Property. This Section shall survive the expiration or <br />termination of this License. For the purposes of this License, the claims, actions, damages, <br />liability and expenses for which Licensee must indemnify, defend and hold harmless the City are <br />referred to as “Covered Claims”. This Section is not limited by the amount of insurance required <br />under this License. <br />(b) Washington Law. This Section is specifically and expressly intended to <br />constitute a waiver of Licensee's immunity under Washington's Industrial Insurance Act, RCW <br />Title 51, to the full extent necessary to provide the City with a full and complete indemnity from <br />claims made by Licensee and its employees, to maximum extent allowed by law. THE CITY AND <br />LICENSEE ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE <br />SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.