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<br />part of the consideration to Owner, hereby assumes all risk of damage to City property or injury
<br />to City persons in, upon or about the Licensed Property from any cause other than and to the
<br />extent of Owner’s gross negligence or willful misconduct. The City shall give prompt notice to
<br />Owner in case of casualty or accident in the Licensed Area. This Section shall survive the
<br />expiration or termination of this License. For the purposes of this License, the claims, actions,
<br />damages, liability and expenses for which the City must indemnify, defend and hold harmless
<br />Grantor are referred to as “Covered Claims”.
<br /> (b) Concurrent Fault. This Section does not purport to indemnify Owner
<br />against liability for Covered Claims caused by or resulting from the sole gross negligence or willful
<br />misconduct of Owner, its officers, employees and agents. If Covered Claims are caused by or
<br />result from the concurrent (i) gross negligence of Owner, its officers, employees or agents, and
<br />(ii) acts or omissions of the City, its agents, servants, employees, officers, subcontractors,
<br />sublicensees, sublicensees, successors or assigns, then this Section will provide Owner
<br />indemnification in accordance with section 11(a) less any amount of the Covered Claim
<br />attributable to the gross negligence of the Owner, its officers, employees and agents. .
<br /> (c) Washington Law. Solely and expressly for the purpose of its duties under
<br />this Section, the City specifically waives any immunity it may have under Washington's Industrial
<br />Insurance Act, RCW Title 51. THE CITY AND OWNER ACKNOWLEDGE THAT THE
<br />INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED
<br />UPON BY THEM.
<br />12. INSURANCE. The City is self-insured. The City will provide Owner a letter for self-
<br />insurance from the City’s Risk Manager upon Owner’s request.
<br />13. HAZARDOUS MATERIALS. Unless otherwise provided in the “Additional
<br />Provisions” in Section 1 above, the City shall not cause or permit any storage, use, sale, release,
<br />generation or disposal of any Hazardous Materials (as defined below) in, on or about the Licensed
<br />Property. The City further covenants and agrees that at all times during the Term of this Licensed
<br />Property, the City shall comply with all applicable Environmental Laws (as defined below).
<br /> (a) “Hazardous Materials” means any waste, pollutant, contaminant,
<br />chemical, petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br />classified, or designated as hazardous, toxic, radioactive, dangerous, or other comparable term
<br />or category under any Environmental Laws (as defined below), including, but not limited to,
<br />gasoline, oil or any byproducts or fractions thereof, polychlorinated biphenyls, per - and
<br />polyfluoroalkyl substances, asbestos, paints, solvents, lead, cyanide, ra dioactive material, or any
<br />other materials which have adverse effects on the environment or the health and safety of
<br />persons.
<br /> (b) “Environmental Laws” means all federal, state, and local laws, statutes,
<br />rules, regulations, ordinances, and codes, and any judicial or administrative interpretation
<br />thereof or requirement thereunder, now or hereafter in effect, relating, to the regulation or
<br />protection of human health, safety, the environment and natural resources, including without
<br />limitation, the Comprehensive Environmental Response, Compensation, and Liability Act (42
<br />U.S.C. §§ 9601 et seq.), the Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et seq.),
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