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AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, DD5 and the City agree as follows: <br /> 1. LICENSE. The City hereby grants to DD5 this License for use of the License <br /> Area for the Permitted Uses described in Paragraph C and D above. DD5 may allow the use of <br /> the License Area by its contractors, agents, employees and invitees, including the United States, <br /> Army Corps of Engineers, and their contractors, for the Permitted Uses. These users are <br /> collectively referred to in this Agreement as the "License Users." <br /> 2. PERMITTED USES OF LICENSE. The City and License Users may use the <br /> License Area for certain Permitted Uses, including,access, ingress, egress, construction staging, <br /> materials storage, and ancillary activities incidental to the Project. No other uses of the License <br /> Area shall be permitted without the prior written approval of the City. <br /> 3. TERM. This license shall commence on the first day DD5 uses the License Area <br /> for a Permitted Use and ends no later than one year from that date. <br /> 4. COORDINATION OF PROPERTY USES. DD5 use of the Property shall not <br /> conflict with City use of the Property. DD5 shall coordinate its exercise of its rights hereunder <br /> with the following representative of the City: Roy Harris,Telephone 425-210-4986 or Halley <br /> Kimball,Telephone: (425) 257-8946. <br /> 5. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. DD5 <br /> shall comply with all federal, state and local laws,rules regulations and ordinances governing its <br /> activities on the Property and its exercise of the rights granted hereunder. DD5 shall also comply <br /> with City rules or procedures while on the Property including without limitation any safety or <br /> environmental requirements. <br /> 6. REGULATED SUBSTANCES/EMERGENCY RESPONSE. Except for the <br /> fuel that is properly in its vehicles, DD5 may not use, generate or have petroleum products, <br /> hazardous substances,dangerous materials, toxic materials or solid, dangerous or hazardous <br /> waste or any other substance subject to environmental or health and safety regulations on the <br /> City's Property without prior written approval of the City. In the event of any release of <br /> hazardous substances on,or within the immediate vicinity of, the City's Property, DD5 shall <br /> notify the City as soon as possible after beginning the response to the release and notifying the <br /> appropriate authorities. <br /> 7. INDEMNIFICATION. Except as otherwise provided in this Section 7, DD5 <br /> hereby agrees to defend and indemnify the City from any and all Claims arising out of, in <br /> connection with, or incident to any negligent or intentional acts, errors, omissions, or conduct by <br /> DD5 (or its employees, agents, representatives or subcontractors/subconsultants) relating to this <br /> Agreement, whether such Claims sound in contract, tort, or any other legal theory. DD5 is <br /> obligated to defend and indemnify the City pursuant to this Section 7 whether a Claim is asserted <br /> directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is <br /> asserted against someone else who then seeks contribution or indemnity from the City. DDS's <br /> obligations under this Section 8 shall not apply to Claims caused by the sole negligence of the <br /> DD5-City of Everett Temporary Construction License Agreement page 2 <br />