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<br />Conservation License (rev. 12/16) Page 5 of 23 License No. 23-108200
<br />6.4 In the Event of a Release or Threatened Release.
<br />(a) Licensee shall immediately notify State if the Licensees become aware of any
<br />release or threatened release of Hazardous Substance on the Property.
<br />(b) If a Licensee’s act or omission results in a release of Hazardous Substances,
<br />Licensee, at its sole expense, shall promptly take all actions necessary or
<br />advisable to clean up, contain, and remove the Hazardous Substances in
<br />accordance with applicable laws.
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<br />SECTION 7 ASSIGNMENT
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<br />Licensee shall not assign this License.
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<br />SECTION 8 INDEMNITY AND INSURANCE
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<br />8.1 Indemnity.
<br />(a) Licensee shall indemnify, defend, and hold State, its employees, officers, and
<br />agents harmless from any Claims arising out of the Activities or related activities
<br />by Licensee, its contractors, agents, invitees, guests, employees or affiliates to the
<br />fullest extent permitted by law and subject to the limitations provided below.
<br />(b) “Claim” as used in this Subsection 8.1 means any financial loss, claim, suit,
<br />action, damages, expenses, costs, fees (including attorneys’ fees), fines, penalties,
<br />or judgments attributable to bodily injury, sickness, disease, death, and damages
<br />to tangible property, including, but not limited to, land, aquatic life, and other
<br />natural resources. “Damages to tangible property” includes, but is not limited to,
<br />physical injury to the Property, including damage resulting from Hazardous
<br />Substances, diminution of value, and/or damages resulting from loss of use of the
<br />Property.
<br />(c) State shall not require Licensee to indemnify, defend, and hold State harmless for
<br />claims caused solely by or resulting solely from the negligence or willful act of
<br />the State or State’s elected officials, employees, or agents.
<br />(d) Licensee specifically and expressly waives any immunity that may be granted
<br />under the Washington State Industrial Insurance Act, Title 51 RCW in connection
<br />with its obligation to indemnify, defend, and/or hold State and its agencies,
<br />officials, agents, or employees harmless. Further, the indemnification obligation
<br />under this License shall not be limited in any way by any limitation on amount or
<br />type of damages, compensation, or benefits payable to or for any third party under
<br />the worker’s compensation acts.
<br />(e) Only to the extent RCW 4.24.115 applies and requires such a limitation, if a
<br />claim, suit, or action for injuries or damage is caused by or results from the
<br />concurrent negligence of (a) the State or State’s agents or employees and (b) the
<br />Licensee or Licensee’s agents or employees, these indemnity provisions shall be
<br />valid and enforceable only to the extent of the negligence of the Licensee and
<br />those acting on its behalf.
<br />Docusign Envelope ID: 9AF27A6B-A801-4DA1-8CF6-CC7F0385775B
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