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2 <br /> <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 <br />City. Grantee’s duty to defend and indemnify and hold harmless pursuant to this Section is not <br />in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of <br />Grantee. Grantee shall not indemnify the City for claims caused solely by the negligence of the <br />City. If (1) RCW 4.24.115 applies to a particular claim, and (2) the bodily injury or damage to <br />property for which Grantee is to indemnify the City is caused or results from the concurrent <br />negligence of (a) Grantee, its agents, representatives and/or contractors and (b) the City, then <br />this Section will be only enforceable only to the extent of Grantee’s negligence. Solely and <br />expressly for the purpose of its duties to indemnify and defend and hold harmless the City, <br />Grantee specifically waives any immunity it may have under the State Industrial Insurance Law, <br />Title 51 RCW. Grantee recognizes that this waiver of immunity under Title 51 RCW was <br />specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of <br />mutual negotiation. As used in this section: (1) “The City” includes the City’s officers, employees,