Washington State Department of Natural Resources 4/8/2025

City of Everett Forestry Agreement No. 2025-03 WA DNR Right of Entry for Access to City of Everett Forest Lands Right of Entry No. 23-108903 Category 2: Sensitive information Category 2: For official use only / disclosure permissible by law. SECTION 5 INDEMNITY AND INSURANCE 5.1 Indemnity. (a) State shall indemnify, defend, and hold harmless Licensor, its employees, officers, and agents from any Claims arising out of the Activities or related activities by State and its Permittees. (b) “Claim” as used in this Subsection 5.1 means any financial loss, claim, suit, action, damages, expenses, fees (including attorneys’ fees), penalties, or judgments attributable to bodily injury, sickness, disease, death, and damages to tangible property, including, but not limited to, land, aquatic life, and other natural resources. “Damages to tangible property” includes, but is not limited to, physical injury to the Property, including damage resulting from Hazardous Substances, and damages resulting from loss of use of the Property. (c) State’s obligation to indemnify, defend, and hold Licensor harmless for claims extends only to the percent of negligence of State and its Permittee in contribution to such claim. (d) State waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold Licensor and its agencies, officials, agents, or employees harmless. 5.2 Insurance Terms. State warrants that it has capacity to self-insure for the risks and coverages necessary for the Authorized Activities. SECTION 6 TERMINATION 6.1 Termination by Revocation. Either party may terminate this Right of Entry at any time upon 7 days’ notice to the other Party. If Licensor revokes this Right of Entry before the Termination Date, Licensor shall refund to State the pro rata share of the fee attributable to the unexpired term of the License. 6.2 Termination by Completion of Activities. If State completes Activities prior to the Termination Date, this Right of Entry terminates upon State’s written notice to Licensor that State has completed all Activities. SECTION 7 NOTICE All notices to be given by the parties shall be in writing and may either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited in the United States mail, postage prepaid, by either registered or certified mail to the notice addresses provided in this section. A party may change its notice address effective on written notice to the other party. All such notices shall be deemed delivered and effective on the earlier of (i) the date received or refused for delivery, or (ii) five (5) calendar days after having been deposited in the United States Postal Service, postage prepaid. Docusign Envelope ID: E18BC905-5DDA-4EAC-A160-C3F68FE44661