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U <br /> HOLD HARMLESS AGREEMENT <br /> In consideration of the Everett Mall (Steadfast Everett Mall) hereinafter referred <br /> to as the"Center", allowing the City of Everett, Everett Police Department, the use of <br /> the Center's property at 1402 SE Everett Mall Way, Everett, Washington, to use a <br /> portion of the shopping center for the National Night Out event on August 2, 2005, from <br /> 4 PM — 10 PM, the City of Everett hereby releases, hold harmless and indemnifies the <br /> Center from all claims, damages, costs, expenses, losses or liability resulting from the <br /> Everett Police Department's use of the Center's property pursuant to this Agreement <br /> except for any claims, damages, costs, expenses, losses or liability attributable to the <br /> negligence or willful misconduct of the Center, its officers, employees or agents. <br /> Dated this day of , 2005. <br /> CITY OF EVERE I I APPROVED AND ACCEPTED BY: <br /> RAY STEPHANSON, Mayor Everett Mall Merchants Association <br /> APPROVED AS TO FORM: Title: <br /> City Attorney <br /> ATTEST <br /> City Clerk <br /> 3 <br />