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2 <br /> <br />2. GRANT OF PERMISSION. Subject to the terms and conditions of the Right of Entry, <br />the City of Everett (the “City”) hereby grants permission to the Grantee and its agents, <br />representatives, and/or contractors to enter upon the Property for the purpose of the Project. <br />By signing this Right of Entry, the Grantee agrees to all of the terms and conditions herein. Unless <br />a fee is included in the Basic Provisions above, this Right of Entry is for mutual benefits , which <br />the parties hereto agree with the other mutual promises and covenants herein is sufficient and <br />adequate consideration for this Right of Entry. <br />3. PROPERTY USE. Grantee will use the Property for the purpose of the Project and <br />for no other purpose. Grantee shall not do anything or permit anything to be done in or about <br />the Property which will in any way violate or conflict with any applicable federal, state or local <br />law. Unless otherwise agreed in writing by the City, Grantee must at Grantee’s sol e cost acquire <br />all permits required by law or regulation necessary for the Project. Grantee will make every effort <br />to minimize disruption and inconvenience to the City and shall coordinate with on-site City staff. <br /> <br />4. TERM. This Right of Entry is only effective for the Term. Regardless of anything to <br />the contrary in this Right-of-Entry, the term of this Right of Entry is never effective for more than <br />one year. <br />5. TERMINATION. The City may terminate this Right of Entry at any time any for any <br />reason effective immediately upon written notice to Grantee from the City. This notice may be <br />delivered by hand delivery to any representative of Grantee, by mail to the Grantee Notice <br />Address (in which case notice is effective upon mailing), or by email to the Grantee Email Address <br />(in which case notice is effective on sending). <br />6. OTHER PROVISION(S). The parties will comply with any Other Provision(s) in <br />Section 1. If an Other Provision contains an obligation concerning events or conduct after the <br />termination of this Right of Entry, then the obligation survives the termination. <br />7. NO WARRANTY / AS-IS. Grantee enters upon the Property and its improvements <br />in their “as is” condition. The City makes no representations or warranties about the Property or <br />its suitability for the Project or for anything else. Grantee enters upon the Property at its sole <br />risk. <br />8. DAMAGE TO PROPERTY. Grantee shall not damage the Property or any other <br />property. All property damage caused by Grantee (or its agents, representatives or contractors) <br />to the Property or to any other property shall be promptly repaired or replaced by Grantee at <br />Grantee’s sole cost. <br />9. INDEMNITY. Except as otherwise provided in this Section, Grantee hereby agrees <br />to defend and indemnify and hold harmless the City from any and all claims arising out of, in <br />connection with, or incident to any acts, errors, omissions, or conduct by Grantee (or its agents, <br />representatives and/or contractors) relating to this Right of Entry or the Project. Grantee is <br />obligated to defend and indemnify and hold harmless the City pursuant to this Section whether <br />a claim is asserted directly against the City, or whether it is asserted indirectly against the City, <br />e.g., a claim is asserted against someone else who then seeks contribution or indemnity from the