Volunteers of America Western Washington 12/1/2025 (2)

Special Provisions - 3 4938-7843-1333, v. 1 Manager is solely responsible for installation, maintenance, repair and operation of any children’s playground equipment on the Property. In addition to indemnity and defense and hold harmless obligations that Manager may have elsewhere in this Agreement, Manager shall indemnify, defend and hold harmless the City against and from any and all claims, actions, damages, liability, costs and expenses, including attorney’s fees, arising out of or relating to any personal injuries or death arising from or relating to the playground equipment. 7. PARTICIPANT TERMINATION FROM PROGRAM Manager will inform every Project participant of the Project’s rules and policies for continued program participation. This includes informing each participant of behaviors or activities that may result in termination of the participant’s participation in the Project. Manager will require each participant to sign a plain language agreement that states these rules and policies and states the consequences of termination from the program, which may include loss of access to the Property and loss of access to on-site services. If a participant is terminated from the program pursuant to the rules and policies and court proceedings are necessary to remove the participant from the Property, then Manager and City will confer and Manager will provide the City a copy of the participant’s signed rules and policies agreement, after which the City will take the necessary steps at the City’s cost to accomplish the removal. While the parties agree that no court proceedings should be necessary in any case of participant termination from the program, the parties nevertheless agree to fully cooperate with each other in such proceedings if they become necessary. 8. PROPERTY DEPICTION A depiction of the Property is included as the next page.