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AGREEMENT REGARDING FIRE DEPT. TRAINING IN A BUILDING <br />THIS AGREEMENT REGARDING TRAINING IN A BUILDING (the “Agreement”) <br />is entered into as of the date of last signature below between the City of Everett (“City) <br />for its Fire Department (the “Department”) and Everett Community College (“Owner”). <br />I. RECITALS <br />WHEREAS, Owner is willing to allow the Department to conduct training in the <br />structure (the “Structure”) located at Owner’s Baker Building (the “Property”) as part of a training <br />exercise for its firefighters (the “Training Exercise”). <br />II.TERMS AND CONDITIONS <br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained <br />herein, the parties hereby agree as follows: <br />1.Representations of Owner. Owner hereby represents and warrants that Owner is the <br />owner of the Property and the Structure . No third parties have any present or contingent <br />ownership interest in the Property, including but not limited to an option to purchase the <br />Property. <br />2.Release and Hold Harmless. The Department will use its best efforts to prevent <br />unanticipated damage to real and personal property. In consideration of the potential for <br />training exercises to result in minor damage to the house and/or property, Owner hereby <br />releases the City, its agents, firefighters, and elected officials from any claims, demands, <br />judgments or liabilities arising as a result of the Training Exercise, except for any that directly <br />result from the negligence by the Department. <br />2.1 To the extent permitted by law, the Owner agrees to defend and indemnify the City <br />and Department against any claims associated with a breach of any of the representations and <br />warranties contained herein. <br />2.2 To the extent permitted by law, the City releases Owner and agrees to indemnify <br />Owner from any and all claims for bodily injury occurring on the Property during the Training <br />Exercise. <br />3.Date of Training Exercise and Cleanup. The parties shall agree upon a date(s) for the <br />Training Exercise(s) subsequent to mutual execution of this Agreement; provided, however that <br />the date(s) may be changed or added to by mutual agreement of representatives of the <br />Department and Owner. Owner shall be solely responsible for (i) removing all items from the <br />Structure prior to the Training Exercise, and (ii) all cleanup of the site subsequent to the Training <br />Exercise. <br />4.Entire Agreement. The entire agreement between the parties hereto is contained in this <br />Agreement; and this Agreement supersedes all of their previous understandings and <br />agreements, written and oral, with respect to this transaction. This Agreement may be amended <br />only by written instrument executed by the parties subsequent to the date hereof. <br />Agreement - 2 <br />Agreement - 1