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4 <br /> 15. RISK OF LOSS TO EVERGREEN RECYCLING INC.'S PROPERTY. <br /> EVERGREEN RECYCLING INC. bears all risk of any and all damage and loss to its <br /> property being stored on the site. <br /> 16. PRIOR NOTICE OF INSTALLATION. Prior to any installation of materials or <br /> fencing within the Property, EVERGREEN RECYCLING INC. will supply the City with <br /> a drawing and any necessary specifications relating to the use of the City's Property. <br /> EVERGREEN RECYCLING INC. must obtain City approval of the proposed area and <br /> installation of any fencing and its location prior to installation. The City's review, <br /> comments and approval shall not create any liability by the City for any action or inaction <br /> by it relating to such review, and EVERGREEN RECYCLING INC. shall remain wholly <br /> responsible for the safety, adequacy, suitability, utility, and constructability of its facility <br /> and equipment. <br /> 17. NO WARRANTY. City does not warrant its title and ownership of the Property. <br /> 18. NON-EXCLUSIVE. This license is not exclusive. The City is not prohibited from <br /> granting permission to others to occupy or use portions of the Property where such uses <br /> are not inconsistent with the License granted to EVERGREEN RECYCLING INC. <br /> 19. RESERVATION OF RIGHTS. The City reserves all rights not expressly restricted <br /> by this License. <br /> 20. NO THIRD PARTY RIGHTS. This License does not create any rights in any third <br /> party. <br /> 21. APPLICABLE LAW AND VENUE. The laws of the State of Washington shall <br /> apply to this License. Venue for any lawsuit arising out of or related to this License shall <br /> be in Snohomish County Superior Court, Washington. <br /> Grantor: <br /> CITY OF EVERETT <br /> By <br /> Ray Stephanson, Mayor <br /> Dated: <br /> page 4 <br />