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<br />Owner property shall be promptly repaired or replaced by the City. The City’s obligations under
<br />this Section shall not require the City to remedy or pay for remedy relating to Property defects
<br />or Property hazardous materials that pre-date the City’s entry onto the Property.
<br />10. ALTERATION OF LICENSED PROPERTY / SIGNS. Unless otherwise provided in the
<br />“Additional Provisions” in Section 1 above, the City shall not make or permit to be made any
<br />alterations to the Licensed Property, or place signs or other displays visible from outside of the
<br />Licensed Property, without first obtaining the written consent of Owner, which may be withheld
<br />in the Owner’s sole discretion.
<br />11. SUBLETTING AND ASSIGNMENT. This License is personal to the City. The City may
<br />not transfer, assign, sublet, convey, pledge, encumber or hypothecate this License.
<br />12. INDEMNIFICATION.
<br /> (a) Indemnity. The City shall indemnify, defend and hold harmless Owner
<br />against and from any and all claims, actions, damages, liability, costs and expenses, including
<br />attorney’s fees, arising out of or relating to (a) the City’s use of the Licensed Property, or (b) any
<br />breach or default in the performance of any obligation on the City’s part to be performed under
<br />the terms of this License, and from all costs, damages, attorneys’ fees and liabilities incurred in
<br />defense of any such claim in any action or proceeding brought thereon. The City, as a material
<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 negligence of (i) Owner, its officers, employees or agents, and (ii) the
<br />City, its agents, servants, employees, officers, subcontractors, sublicensees, sublicensees,
<br />successors or assigns, then this Section will pro vide Owner indemnification to the extent of the
<br />negligence of the City, its agents, servants, employees, officers, subcontractors, sublicensees,
<br />sublicensees, successors and assigns.
<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 />13. 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.
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