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4 <br /> • This paragraph does not purport to indemnify the Lessor and the EPFD against liability <br /> for damages arising out of bodily injury to persons or damages caused by or resulting from the <br /> sole negligence of the Lessor and/or the EPFD, their officers, employees and agents; provided, <br /> that if the claims or damages are caused by or result from the concurrent negligence of (a) the , <br /> Lessor and/or the EPFD, their officers, employees or agents, and (b) Lessee, its agents, servants, <br /> employees, officers, subcontractors, sublicensees, sublessees, successors or assigns, this <br /> indemnity provision shall be valid and enforceable to the extent permitted by law. The Lessee <br /> specifically and expressly waives any immunity under Industrial Insurance, Title 51 R.C.W., and <br /> acknowledges that this waiver has been mutually negotiated by the parties. <br /> 10. LIABILITY INSURANCE. The Lessee shall, at its own expense, maintain <br /> Commercial General Liability Insurance with a reputable insurance company or companies <br /> satisfactory to the Lessor, in the minimum limits of one million dollars ($1,000,000 per <br /> occurrence) and no less than $2,000,000 in the annual aggregate. The Lessee agrees to supply <br /> the Lessor.with a certificate of insurance establishing (1) that its insurance obligations as herein <br /> provided have been met, (2) that the insurance policy or policies as herein required are not <br /> subject to cancellation without at least sixty (60) days advance written notice to the Lessor. and <br /> (3) that the City of Everett and the EPFD, their officers, employees and agents are named as an <br /> additional named insured. <br /> 11. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet the whole or any part <br /> of said Premises, nor assign this lease, or any part thereof, without the written consent of Lessor <br /> which consent shall not be unreasonably withheld. If consent is once given by Lessor to the <br /> assignment of this lease, or any interest therein, Lessor shall not be barred from afterward <br /> refusing to consent any further assignment. This Lease shall not be assignable by operation of <br /> law. <br /> Any assignment made by Lessee shall not become effective until the assignee, in writing, <br /> shall assume this Lease and agree to perform and be bound by all of the obligations of Lessee <br /> accruing under this lease from and after the date of such assignment. In the event of such an <br /> assignment and assumption, Lessor shall remain bound by all of the obligations of Lessor <br /> accruing under this Lease and, regardless of Lessor's consent, no subletting or assignment shall <br /> release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to <br /> perform all other obligations to be performed by Lessee hereunder. Acceptance of rent by Lessor <br /> from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. <br /> Consent to one assignment or subletting shall not be deemed consent to any subsequent <br /> assignment or subletting. <br /> In the event of a permitted assignment of this Lease, Lessor, without having advice from <br /> the Lessee to the contrary, shall at such time credit all unearned rental hereunder to the assignee. <br /> Any other disposition of unearned rent will be made by Lessor only upon the joint written request <br /> of both Lessee and Lessor's Assignee at the time of submitting said assignment to Lessor for its <br /> consent. <br /> 12. CASUALTY REBUILDING CONDEMNATION. In the event the building of <br /> which the Premises are a part shall be destroyed or damaged by fire or other causes (and <br /> regardless of the extent of the damage to the Premises) to such an extent that the Lessor shall <br /> decide to discontinue the operation of the building, which decision shall be communicated to <br /> Lessee within thirty (30) days after such damage or destruction, then this Lease shall be <br /> terminated as of the date of such damage or destruction. In the event of damage to the Premises <br /> by fire or other causes. other than under the circumstances described in the preceding sentence, <br /> • Lessor shall repair the Premises within a reasonable time and as quickly as circumstances will <br /> permit upon the same plan as immediately before the damage or destruction. Until the Premises <br /> 21 4 <br />