2005/09/28 Council Agenda Packet

E. Atkinson shall defend, indemnify and hold the City harmless from any all claims, legal actions, and damages of any kind sought by third parties caused by, related to, or arise out of, Atkinson's use of City Property. F. Atkinson shall be jointly and severally responsible to the City for any damage to property owned by the City caused by, or arising out of, Atkinson's use of City Property. G. Atkinson shall not use City Property for any purpose other than the purpose described in section II(A). H. Atkinson shall not import, or allow to be imported, any hazardous or dangerous waste or material on to City Property. I. On behalf of itself and anyone claiming by or through Atkinson, Atkinson releases the City from any and all claims for personal injury or property damage arising out of its use of, or caused by, City Property. Atkinson accepts all risks related to its use of City Property pursuant to this Atkinson. Atkinson acknowledges and agrees that City owes Atkinson no duty other than to allow it to use City Property as provided by this License. J. City may terminate this License with or without cause. Cause for termination includes, but is not limited to, falsity of any representation or warranty or if Atkinson does not comply with the terms of this License. If the City terminates this License, the City will send a notice of termination to Atkinson by US Mail. Termination shall be effective one calendar day after City sends such notice. K. Atkinson shall comply with all federal, state and local laws and regulations that apply to City Property and to Atkinson's use of City Property pursuant to this License. L. This License shall be construed under the laws of the State of Washington. Any lawsuit arising out of this License, or Atkinson's use of City Property, shall be brought in Snohomish County Superior Court. License For Use Of City Property Atkinson-CH2MHill, a Joint Venture Page 3 of 5 16