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3 <br /> PROMOTIONAL LICENSE AGREEMENT <br /> THIS AGREEMENT is made and entered into as of this 30th day of June 2005, 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 III, 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. It is agreed <br /> that the Activities are for the express benefit and promotion of center and Promoter. The <br /> activities shall be performed by Promoter on the following dates at the following hours. <br /> DATES HOURS <br /> Tuesday, August 2, 2005 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 /> i0 <br />