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Section 5. INDEMNIFICATION. Redside hereby agrees to defend, indemnify <br /> and hold the City harmless from any and all Claims for injury to people or damage to <br /> property arising out of or related to this License. This defense and indemnification <br /> obligation shall survive any termination,revocation or expiration of this Agreement. For <br /> the purpose of this Section 4,the following terms shall have their specified meaning. <br /> "City"means the City,its officers,employees and agents. "Claims"means any loss, <br /> injury,demand,settlement and lawsuit,and further includes any and all reasonable <br /> litigation costs such as attorney's fees, expert fees and costs,and court costs. "Injury to <br /> people" includes, but is not limited to, bodily injury and death. "Damage to property" <br /> includes,but is not limited to damage or injury to the property,any City facilities and any <br /> property owned by third parties. <br /> Section 6. HAZARDOUS MATERIALS. Redside hereby agrees not to store any <br /> materials on the Property that are classified as hazardous or dangerous under the <br /> Washington Model Toxic Control Act. Breach of this provision shall constitute"damage <br /> to property,"requiring indemnification,as specified in Section 5,above. <br /> Section 7. TERMINATION. The City may terminate this License upon 30-days <br /> written notice to Redside. This right is in addition to any other rights at law or in equity. <br /> Section 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties <br /> at the following addresses: <br /> City of Everett <br /> Attn.: Michael Palacios Barbara Hardman <br /> Real Property/Facilities Director Project Coordinator <br /> 3200 Cedar St. 3200 Cedar St. <br /> Everett, Washington 98201 Everett, Washington 98201 <br /> mpalacios,c everettwa.gov bhardmaneverettwa.gov <br /> Office: (425)257-8938 425-257-7294 <br /> Redside Construction LLC <br /> Attn: Sam Berry <br /> Owner of Redside Construction <br /> Direct 206-317-6400(0 I 360-343-0499(F) <br /> sam@redside.biz <br /> Site Superintendent: <br /> David Berry <br /> david@redside.biz 206-940-2529 cell <br /> Section 9. NO ASSIGNMENT. This License is personal to Redside and may not be <br /> transferred,assigned,conveyed,pledged,encumbered,or hypothecated. <br /> page 2 <br />