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9 <br /> by Quick Coach. Quick Coach shall not commit or allow to be committed any waste upon Everett <br /> Station, or any public or private nuisance or other act which disturbs the quiet enjoyment of any <br /> other tenant or user of Everett Station; provided, however, that normal or usual intercity bus <br /> operations shall not be considered a nuisance. Without the written consent of City, Quick Coach <br /> shall not use any apparatus, machinery or device in or about the Premises that will cause any <br /> substantial noise, vibration or fumes. Quick Coach shall comply with all laws relating to its use of <br /> Everett Station and shall observe such reasonable rules and regulations (not inconsistent with the <br /> terms of this License) as may be adopted and made available to Quick Coach by City from time to <br /> time for the safety, care and cleanliness of Everett Station, and for the preservation of good order <br /> therein. Quick Coach shall not keep on or about Everett Station for use, disposal, treatment, <br /> generation, storage, demonstration or sale any substances that are hazardous, toxic, harmful or <br /> dangerous, and/or which are subject to regulation as hazardous or toxic, dangerous, or as a pollutant <br /> by any federal, state, or local law, regulation statute, or ordinance (collectively referred to as <br /> "hazardous substances"). Quick Coach shall be fully liable to City and shall indemnify, defend and <br /> save harmless City and its officials and employees, with respect to any and all damages, costs, fees <br /> (including attorney's fees and costs), civil and criminal penalties, or clean-up costs assessed against <br /> or imposed as a result of Quick Coach's use, disposal, generation, storage, demonstration or sale of <br /> hazardous substances or that of Quick Coach's employees, agents or invitees. An uncured, material <br /> breach of this License shall entitle City to terminate this License. <br /> 5. Waiver of Liability <br /> Quick Coach waives and releases the City from any liability or claim related to its operations for: (i) <br /> any loss or damage to the real or personal property of either located anywhere in Everett Station, <br /> arising out of or incident to the occurrence of any of the perils which are covered by its insurance <br /> policies in excess of self insured retention; and (ii) any loss resulting from business interruption, <br /> arising out of or incident to the occurrence of any of the perils which may be covered by any <br /> business interruption insurance policy in excess of self insured retention. <br /> 6. Insurance <br /> A. Quick Coach shall comply with the following conditions and procure and keep in force <br /> during the term of this License, at Quick Coach's own cost and expense, the following policies of <br /> insurance with companies authorized to do business in the State of Washington, which are rated at <br /> least"A"or better and with a numerical rating of no less than seven (7), by A.M. Best Company and <br /> which are acceptable to the City. <br /> 1. Quick Coach represents and warrants that all of its employees are covered by the <br /> Worker's Compensation Board of British Columbia. <br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not <br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, <br /> including but not limited to: premises/operations (including off-site operations), blanket <br /> contractual liability and broad form property damage. <br /> Page 2 3 4 <br />