2008/05/14 Council Agenda Packet

e 4. Bioalgene shall, upon completion of said project described herein, remove all materials and restore the surface of the property as nearly as possible to the condition immediately prior to the Bioalgene's entry. 5. The obligations of this Agreement are personal to the parties and may not be assigned, conveyed or transferred. 6. If any provision of this Agreement is held to be invalid, such invalidity shall not affect any other provision hereunder. 7. The term of this Agreement/License shall be 9 months unless either Grantor terminates this Agreement upon thirty days' written notice, with or without cause. The term may be extended for a time period mutually agreed upon by both parties. 8. Bioalgene shall indemnify, hold harmless and defend the City from any and all claims and legal actions of any kind for damages or other relief brought by a third party arising out of the Bioalgene's conduct related to its performance of this Agreement. 9. Bioalgene shall provide to the City copies of weekly progress reports and a final project report that details the equipment, methods and processes used, findings, conclusions and next steps that may be taken to further develop the potential for algae from the City's wastewater lagoon treatment system to be used as biofuel. The final project report shall be delivered to the City's Project Manager within 30 days of project completion. 10. The following provisions of this Agreement shall survive completion of Grantee's work (or any termination of this Agreement): paragraphs 8 and 9. City of Everett, a municipal corporation By: Ray Stephanson Title: Mayor Approved as to form: City Attorney ATTEST: Sharon Marks, City Clerk 8 2