2005/07/27 Council Agenda Packet

PROMOTIONAL LICENSE AGREEMENT Page 2 of 3 Everett Police Department 4. Indemnity Promoter shall indemnify Licensor, Management Company, and Center Owner and their officers, agents and employees, against all loss, damage, expense and liability, but not limited to, employees of Promoter, Licensor, or Center Owner, or injury to property, including, but not limited to, property of Promoter, Licensor, Management Company, or Center Owner arising out of or in any way negligence of Licensor, Management Company, or Center Owner, whether active or passive expect for such injury of death as may be caused by the sole negligence or willful misconduct of Licensor, Management Company, or Center Owner, defend any suit exerting a claim covered by this obligation to indemnify. Promoter shall pay costs that may be incurred by Licensor or Center Owner in enforcing this obligation to indemnify, including reasonable attorney's fees. 5. Payment a) Promoter shall pay Licensor the sum of$0.00 according to the terms of payment specified as follows: To be paid to The Everett Mall Merchant Association prior to event. b) Licensor shall pay promoter the sum of$-0- according to the terms of payment specified as follows: N/A 6. Term, Termination The term of the Agreement shall commence as of the date of execution hereof and shall continue in full force and effect until midnight, August 2, 2005. Either party shall have the right to cancel this Agreement at any time, upon giving thirty (30) days written notice thereof. 7. Notices All notices, demands or other writing in this Agreement provided to be given, made or sent to either party hereto to the other, shall be deemed to have been fully given, made or sent when made in writing and deposited in the United States mail, prepaid and addressed as follows: TO LICENSOR: Everett Mall Merchants Association 1402 SE Everett Mall Way Everett,WA 98208 ATTN: Julie Tennyson TO PROMOTER: Everett Police Department 3002 Wetmore Ave. Everett, WA 98201 Attn: Officer S. Paxton 8. Exclusiveness The license given is not exclusive and Licensor reserves the right at any time to grant other or similar license to use or occupy the Premises. 9. Operating Rules Promoter also covenants that it shall observe and abide by any regulation or requirement concerning its activity as promulgated by Licensor. If activity being conducted is found detrimental to the Mall or a Mall tenant by Licensor, this activity must cease upon request, or this Agreement is immediately terminated. Per diem share of funds will be retained by Licensor. Balance will be refunded to Promoter. NOTE: THE OPERATING RULES PROVIDED BY THE LICENSOR ARE AN INTEGRAL PART OF THIS AGREEMENT. These rules are attached to this Agreement. ,` I