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1� <br /> Indemnification/Hold Harmless Agreement <br /> For Use of Everett Community College Facilities <br /> WHEREAS, City of Everett(hereinafter"City") desires to utilize on occasion Everett <br /> Community College (hereinafter"College") facilities for various purposes, including <br /> College parking lots; and <br /> WHEREAS, the City understands that WAC 132E-137-010 requires the City to sign a <br /> College Facility Use Agreement (See Attachment A) for such facility uses; and <br /> WHEREAS, the City and College desire to agree upon indemnification terms generally <br /> applicable to City use of College facilities; and <br /> WHEREAS, the parties intend that this Indemnification Agreement replaces Section F <br /> (Release of Claims/Holds Harmless) of the College Facility Use Agreement; <br /> NOW THEREFORE, in consideration of the premises, and the mutual promises <br /> contained herein, the parties agree as follows: <br /> 1. When the City desires to use College Facilities, the City shall sign the form of <br /> agreement attached as Exhibit A. <br /> 2. To the extent allowed by state law, each party agrees to indemnify and hold <br /> harmless the other party, including its representatives and employees, from and against <br /> any and all liability arising from injury and death to any person or persons, or damage to <br /> property arising in whole or in part by any negligent act of the indemnifying party, <br /> including any and all expenses,legal or otherwise, incurred in the defense of any claim or <br /> suit relating to such injury or damage. <br /> 3. Paragraph 2 of this Agreement shall supersede any and all similar clauses, <br /> provisions, terms and conditions in any agreement between the parties for the use of <br /> College facilities during the term of this Agreement. <br /> 4. The term of this Agreement shall be from June 18, 2008 to June 17, 2013. <br /> 5. This Agreement may be terminated at any time, with or without cause, on sixty <br /> days' written notice by the terminating party to the other. <br /> 6. This Agreement shall apply and continue in force for use agreements entered into <br /> prior to the effective date of any termination under paragraph 5. <br /> 7. The undersigned further warrants and represents that he/she has the authority to <br /> enter into this Agreement on behalf of the City. <br /> 134 <br /> Indemnification/Hold Harmless Agreement For Use of Everett Community College Facilities <br />