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per.rnitted adult family home, shall meet the zoning code <br /> definition and requirements for that use. <br /> 4 .Owner (s) agree that a violation of this Covenant <br /> constitutes a violation of tlie City of Everett' s zoning code <br /> and/or other City regulation(s) . <br /> 5.Owner (s) agree to waive any right to assert any claim <br /> r.elated to any loss or damage to persons or property <br /> resulting by reason of or arising out of the permission <br /> qranted by the City of Everett to place, construct and <br /> maintain the secondary kitchen (s) as authorized herein and <br /> a9ree to indemnify (including reasonable attorney' s fees) <br /> and hold the City, its officers, employees and agents <br /> ]�armless from any claim(s) related to any loss or damage to <br /> persons or property resulting from or arising out of the <br /> granting of the permission to place, construct and maintain <br /> the secondary kitchen (s) ; Provided, however, notliing herein <br /> shall require the Ovmer (s) to indemnify and hold harmless <br /> ttie City, its officers, agents and employees from claims <br /> caused solely by the negligence of the City, it officers, <br /> employees and agenLs, and provided further, that if the <br /> claims are caused by or result from the concurrent <br /> negligence of (1) the Owners, their heirs, successors, <br /> a�signs and agents, and (2) the City, its officers, agents <br /> and employees, the i.ndemnity provisions provided here.in <br /> sha11 be vali-d nnd en`_orceable only to the extent provi.ded <br /> l�y 1aw. <br /> 6.This Qocu�;�ent :hall con�tiCute a covenant running ��rith the <br /> land and Y.he riqhts ancl obligations of the parties hereto <br /> �iiall inure to the Uenefit of and be binding upon �heir <br /> respective leqal representatives, successors and assigns . <br /> _ 3 _ uydated Av9ust 2009 <br /> 3 �i 1 <br /> � <br /> � 1 <br />