2005/08/03 Council Agenda Packet

HOLD H A R L PARTIES The parties to this agreement are: 1. CITY OF EVERETT, WASHINGTON, a municipal corporation of the State of Washington, hereinafter referred to as CITY; and 2. Everett Gateway Center,LLC, hereinafter referred to as OWNER. PURPOSE The purpose of this agreement is to summarize the understanding of the parties regarding the CITY'S agreement to hold OWNER harmless from any liability arising out of the use of the real property located at 3726 Broadway in Everett, Washington, owned by OWNER and being provided to CITY for fire training purposes for the period of August 10,2005 through August 12, 2005. This Agreement is not intended to summarize any other terms beyond the hold harmless provisions. AGREEMENT CITY agrees to defend and to indemnify and to hold and save OWNER, its employees, and agents, harmless from and against all liability, claims, suits, damages, costs, losses and expenses including all expenses of litigation, including attorney fees, in any manner resulting from, arising out of, or connected with the use of OWNER'S property located at 3726 Broadway, Everett,WA, by CTTY for fire training purposes for the period of August 10, 2005 through August 12, 2005. Provided, this obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence or willful misconduct of the OWNER, its officers, employees or agents, and further, in the event the claims, costs, damages or expenses are caused by the result from the concurrent negligence of the Everett Gateway Center,LLC., its officers, employees, or agents and the City, its officers, employees or agents, the City is not required to indemnify and hold harmless the OWNER harmless there from. 80 C:\Documents and Settings\LarrFy Stave\Local SettingsVTemporary Internet Files\OLKt22',H0LD HARMLESS Form.docPage 1 of 2 1