Polygon WLH LLC 9/21/2016 - Laserfiche WebLink

av INDEMNFICATION AGREEMENT REGARDING BANNERS This Indemnification Agreement Regarding Banners ("Agreement") is dated for reference purposes s... ,,,,b, Or, 201k, and is between the CITY OF EVERETT(the"City") and esATiQnj,,t�kLLC- (the"Applicant"). RECITALS The Applicant has requested permission from the City to hang or suspend banners within City right-of-way under EMC Chapter 13.40. EMC 13.40.080 requires that the Applicant execute an indemnification agreement with the City in connection with such banners. AGREEMENT The Parties agree as follows: A. Indemnity. To the fullest extent permitted by law,the Applicant will defend, indemnify, and hold harmless the City and its officers, employees and agents from and against any and all Claims arising from or relating to any Applicant banners within City right-of-way and all Claims arising from or relating to any approval granted by the City authorizing the hanging or suspension of any banner. This includes without limitation all Claims arising from or relating to car accidents, injury or other damages caused by the falling of any banner into City right of way. "Claims"means any and all actions, liabilities, losses, demands, claims, suits,judgments, liens, awards,and damages of any kind or character whatsoever,including without limitation claims for injury to or death of any person, loss of or damage to any property, and costs, expenses and reasonable attorneys' fees. The obligation in this Section A is not limited by the amount of insurance carried by the Applicant or the amount of insurance that may be required of Applicant under EMC Chapter 13.40. Solely and expressly for the purpose of its duties to indemnify and defend the City,Applicant specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Applicant recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. B. General. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement. This Agreement supersedes and replaces all other written or oral agreements thereto. No amendment to this Agreement will be effective unless in writing and signed by the Mayor of the City and by an authorized representative of the Applicant.