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s <br /> PROMOTIONAL LICENSE AGREEMENT <br /> Page 2 of 3 <br /> • <br /> Everett Police Department <br /> 4.Indemnity Promoter shall indemnify Licensor, Management Company, and Center <br /> Owner and their officers, agents and employees, against all loss, damage, expense and liability, <br /> but not limited to,employees of Promoter, Licensor,or Center Owner,or injury to property, <br /> including, but not limited to,property of Promoter, Licensor, Management Company, or Center <br /> Owner arising out of or in any way negligence of Licensor,Management Company, or Center <br /> Owner,whether active or passive expect for such injury of death as may be caused by the sole <br /> negligence or willful misconduct of Licensor, Management Company, or Center Owner, defend <br /> any suit exerting a claim covered by this obligation to indemnify. Promoter shall pay costs that <br /> may be incurred by Licensor or Center Owner in enforcing this obligation to indemnify, including <br /> reasonable attorney's fees. <br /> 5.Payment <br /> a) Promoter shall pay Licensor the sum of$0.00 according the terms of payment <br /> specified as follows: To be paid to The Everett Mall Merchant Association prior to event. <br /> b) Licensor shall pay promoter the sum of$-0- according to the terms of payment <br /> specified as follows: N/A <br /> 6.Term,Termination The term of the Agreement shall commence as of the date of <br /> execution hereof and shall continue in full force and effect until midnight,August 3, 2004. Either <br /> party shall have the right to cancel this Agreement at any time,upon giving thirty (30)days written <br /> notice thereof. <br /> 7. Notices All notices,demands or other writing in this Agreement provided to be given, <br /> made or sent to either party hereto to the other, shall be deemed to have been fully given, made <br /> or sent when made in writing and deposited in the United States mail, prepaid and addressed as <br /> follows: <br /> TO LICENSOR: Everett Mall Merchants Association <br /> 1402 SE Everett Mall Way <br /> Everett,WA 98208 <br /> ATTN: Julie Tennyson <br /> TO PROMOTER: Everett Police Department <br /> 3002 Wetmore Ave. <br /> Everett,WA 98201, <br /> Attn: Officer S.Paxton <br /> 8. Exclusiveness The license given is not exclusive and Licensor reserves the right at <br /> any time to grant other or similar license to use or occupy the Premises. <br /> 9. Operating Rules Promoter also covenants that it shall observe and abide by any <br /> regulation or requirement concerning its activity as promulgated by Licensor. If activity being <br /> conducted is found detrimental to the Mall or a Mall tenant by Licensor,this activity must cease <br /> upon request,or this Agreement is immediately terminated. Per share of funds will be <br /> retained by Licensor. Balance will be refunded to Promoter. NOTE: THE OPERATING RULES <br /> PROVIDED BY THE LICENSOR ARE AN INTEGRAL PART OF THIS AGREEMENT. These <br /> rules are attached to this Agreement. <br /> i3 <br />