2007/02/14 Council Agenda Packet

4 5. INDEMNIFICATION. EVERGREEN RECYCLING INC. hereby agrees to defend, indemnify and hold the City harmless from any and Claims for injury to people or damage to property arising out of or related to this License. "City" means the City, its officers, employees and agents. "Claims" means any loss, injury, demand, settlement and lawsuit, and further includes any and all reasonable litigation costs such as attorney's fees, expert fees and costs, and court costs. "Injury to people" includes, but is not limited to, bodily injury and death. "Damage to property" includes, but is not limited to damage or injury to the property, any City facilities and any property owned by third parties. This defense and indemnification obligation shall survive any termination, revocation or expiration of this Agreement. 6. HAZARDOUS MATERIALS. EVERGREEN RECYCLING INC. hereby agrees not to store any materials on the property that are classified as hazardous or dangerous under the Washington Model Toxic Control Act. Breach of this provision shall be considered an"injury" to property as prohibited herein. 7. TERMINATION. The City may terminate this License upon 30 days written notice to Grantee. This right is in addition to any other rights at law or in equity. 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties at the following addresses: City of Everett Attn.: Mike Palacios Real Property Dept. 3200 Cedar St. Everett, Washington 98201 EVERGREEN RECYCLING INC. Attn: Rob Wanner, General Manager 506 2nd Ave, Suite#2200, Seattle, WA 98104 (Mailing: Po Box 3971, Seattle, WA 98124) 9. NO ASSIGNMENT. This License is personal to EVERGREEN RECYCLING INC. and may not be transferred, assigned, conveyed, pledged, encumbered or hypothecated. 10. COMPLIANCE WITH LAW. EVERGREEN RECYCLING INC. agrees to comply with all applicable City, County, State and Federal regulations and laws and acquire all permits required by law or regulation. page 2 11