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<br /> specifically waives any immunity it may have under the State Industrial Insurance Law,
<br /> Title 51 RCW. Premier Golf Centers, LLC recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this Section: (1) "City"
<br /> includes the City's officers, employees, agents, and representatives and (2) "Claims"
<br /> include, but is not limited to, any and all losses, claims, demands, expenses (including,
<br /> but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage,
<br /> irrespective of the type of relief sought or demanded, such as money or injunctive relief,
<br /> and irrespective of whether the damage alleged is bodily injury, damage to property,
<br /> economic loss, general damages, special damages, or punitive damages. If, and to the
<br /> extent, Premier Golf Centers, LLC employs or engages subconsultants or subcontractors,
<br /> then Premier Golf Centers, LLC shall ensure that each such subconsultant and
<br /> subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly
<br /> agree to defend and indemnify the City to the extent and on the same terms and
<br /> conditions as Premier Golf Centers, LLC pursuant to this Section.
<br /> 17. GENERAL PROVISIONS:
<br /> A. Entire Agreement. This Agreement represents the entire understanding and
<br /> agreement between the parties with respect to the subject matter hereof, and
<br /> supersedes all other negotiations, understandings, and representations (if any)
<br /> made by and between such parties.
<br /> B. Written Amendments. The provisions of this Agreement may only be amended or
<br /> supplemented in a writing signed by both parties.
<br /> C. Further Amendments. The parties hereby agree from time to time to execute and
<br /> deliver such further instruments and documents, and do all such other acts and
<br /> things, which may be convenient or necessary to more effectively and completely,
<br /> carry out the intentions of the Agreement.
<br /> D. Compliance with Laws. Premier Golf Centers, LLC shall, at all times, operate,
<br /> use, and conduct the business of the Facility in a lawful manner and in full
<br /> compliance with all applicable governmental laws, ordinances, rules and
<br /> regulations, including the American with Disabilities Act of 1990, all of City's
<br /> financing obligations, all obligations under insurance policies for the Facility, and
<br /> maintain all licenses and permits relating to the Facility, with City's full
<br /> cooperation, in full force and effect and cooperate and endeavor to obtain all
<br /> licenses and permits first required after the commencement of the term of this
<br /> Agreement required in connection with the management, use, and operation of
<br /> the Facility.
<br /> E. Environmental Laws/Hazardous Substances. The City represents and warrants to
<br /> Premier Golf Centers, LLC that there is no hazardous substance located thereon
<br /> contrary to any local, state or federal law or regulation. The City has disclosed a
<br /> potentially hazardous substance that may exist in conjunction with the Everett
<br /> Smelter Site, Department of Ecology No. DE97TC-N119. The City agrees that it
<br /> will not cause or permit in any manner, including accidental or non-negligent acts
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