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Tree Power Program Grant Agreement 3 <br /> <br />7. Promotion <br /> <br />Grantee grants permission to the PUD to: collect and display information about any aspect of the Project, <br />including but not limited to site mapping, photographs and data documenting the Project; identify <br />Grantee in educational and communications materials, including, but not limited to web sites, <br />presentations, publications, press releases and promotional materials. Grantee will allow signage to be <br />displayed on the Grantee’s property at a location that is within walking distance of the Project and has <br />reasonable visibility. <br /> <br />8. Release, Indemnity, and Hold Harmless <br /> <br />a. The Grantee shall indemnify and hold harmless and release the PUD and its commissioners, <br />officers, employees and agents and each of their heirs, personal representatives, successors and assigns <br />from and against any and all liabilities, losses, claims, damages, costs, demands, fines, judgments, <br />penalties, obligations and payments, together with any reasonable costs and expenses (including, without <br />limitation, reasonable attorneys’ fees and out-of-pocket expenses and reasonable costs and expenses of <br />investigation) arising, directly or indirectly, out of or in connection with this PUD Grant and/or the Project. <br /> <br />b. If the injury, loss or damage is caused by, or results from the concurrent negligence of the PUD, <br />its officers, agents and/or employees and the Grantee, its officers, agents and/or employees, the <br />indemnity and hold harmless requirements and obligations of Grantee provided in subsection (a) shall be <br />valid and enforceable only to the extent of the Grantee’s negligence. <br /> <br />c. Solely and expressly for purposes of its duties to indemnify and hold harmless the PUD as set forth <br />above, the Grantee specifically and expressly waives any immunity it might have under the State Industrial <br />Insurance law (RCW Title 51) in the event that a claim is made against the PUD for a death of or injury to <br />any employee of Grantee. THE GRANTEE ACKNOWLEDGES THAT THIS WAIVER HAS BEEN MUTUALLY <br />NEGOTIATED BY THE PARTIES. <br /> <br />d. The PUD’s inspection or acceptance of any of the Grantee’s work and/or services when completed <br />shall not be grounds to avoid any of these covenants of indemnification. <br /> <br />e. The provisions of this section shall survive the expiration or termination of this Agreement with <br />respect to any event occurring prior to such expiration or termination. <br /> <br />9. Notices <br /> <br />All notices or reports under this Agreement shall be addressed as follows: <br /> To the Grantee: City of Everett <br /> Cory Rettenmier <br /> 802 E Mukilteo Blvd <br /> Everett, WA 98203 <br /> <br />To the PUD: Public Utility District No. 1 OF Snohomish County <br /> Attn: Sheri Miller and Treepower@snopud.com <br /> PO Box 1107 <br /> Everett, WA 98206-1107 <br />