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6 <br /> PROMOTIONAL LICENSE AGREEMENT <br /> THIS AGREEMENT is made and entered into as of this 14th day of July 2004, by and between <br /> Steadfast Everett Mall, hereinafter referred to as"Licensor,"and Everett Police Department, <br /> hereinafter referred to as"Promoter". <br /> RECITALS <br /> A. Licensor is the Steadfast Everett Mall Ill, LLC dba Steadfast Everett Mall a <br /> Delaware Limited Liability Corporation for that certain shopping center commonly known as <br /> Everett Mall. Said shopping center is located at 1402 SE Everett Mall Way, Everett,WA, <br /> 98208 and shall hereafter be referred to as"Center". <br /> B. Promoter desires to use a portion of Center at certain times for the purpose of <br /> conducting certain activities. Said activities shall be subject to the terms, covenants and <br /> conditions in this Agreement. • <br /> TERMS <br /> NOW THEREFORE,for good and valuable consideration and the mutual promises herein <br /> contained the parties agree as follows: <br /> 1. Grant of License License hereby grants to promoter a license to occupy and use, <br /> subject to all terms, covenants and conditions hereof,that portion of Center as described as <br /> follows: Said portion of Center shall hereinafter be referred to as"Premises". <br /> 2. Scope of License Licensor agrees that Promoter shall use and occupy the Premises <br /> only for the purpose of performing the following described activities(herein referred to as <br /> "Activities"):Annual National Night Out Event in Parking lot in front of Sears (MAP <br /> ATTACHED) It is agreed that the Activities are for the express benefit and promotion of center <br /> and Promoter. The activities shall be performed by Promoter on the following dates at the <br /> following hours. <br /> DATES HOURS <br /> Tuesday,August 3, 2004 4 PM-10 PM <br /> (Set up is prior to event) <br /> 3.Insurance Promoter agrees that, at its own cost and expense, it will produce and <br /> continue in force, general liability insurance covering any and all property located at,and/or <br /> activities occurring in, upon, or about the Premises or adjoining Mall and parking areas, or any <br /> part thereof, including all damages from the fixtures or equipment now or hereafter erected or <br /> placed upon the occupied Premises or any part thereof, by the Temporary Tenant, during the <br /> term of this occupancy. Such insurance at all times must be in the amount of: <br /> a) Minimum coverage of Five Hundred Thousand Dollars($500,000)against liability for <br /> injury to or death of any one,person. <br /> b) Minimum coverage of One Million Dollars($1,000,000)against liability arising out of <br /> any one accident of occurrence. <br /> c) Minimum coverage of One Hundred Thousand Dollars($100,000)against damage to <br /> property arising out of any one accident or occurrence. <br /> Such insurance shall be written with a company or companies authorized to engage in the <br /> business of general liability insurance in the state of Washington. Promoter shall provide <br /> Licensor with copies of the policies or certificates evidencing such insurance is in full force and <br /> effect and stating the terms thereof, showing Steadfast Everett Mall III, LLC dba.Steadfast <br /> Everett Mall a Delaware Limited Liability Corporation and Steadfast Commercial <br /> Management Company,Inc. as additional loss payees as their interests may appear. <br /> 1 <br />