9900 19TH AVE SE 2018-01-02 MF Import

indemnify and April 30, 1999, and does further agree s appointed and elective save harmless the City of 8wrett, and, all off employees and agents from and against any liability, expense losses, claims or damage which arlse(s) as a result of the desjj n and/or construction of the filling of the wa-sie wetland and the desin and/or Const=Licslon of tertsyatem asaociaC d with the above described project hand tany down stream distuz ante and/or damage associated there with, and Michaelis agrees ko process, pay for and defend at its own expense all settlements, judgwmholea, orlain�•part afro rthe iabove law or equity ar�sing in however, to the extent that EtCW described workr rovided, q,Zq.115 is applic ble, nothing heroin slaEvvrettir its coofficers,� Indemnify and hold harmless the City employees, and agents from claims, demands, damages, expenses or suits based solely upon the negligence of the City, its officers, agents and provided furth employees, and er that if thefrom the claims, grlt antexpQr neglige{�ce of Michaelis or suits areaanddtney City Or rofuEverett, its officers, employees and agents, the indemnity Provision provided herein shall be vlid and enforceable to the extent provided by lei+- Michaelis specifically and expressly waives any immunity under Industrial IP'auranee, ly negotiated ebetweeand n acknowledges City hot this waiver has 5.14&n mutually Everett and Michaelis. aadland athechtssnndlldbl corgations or the parties herito shallwith einure to the benefit of hhhnd be binding upon their heirs, terminate and assigns; provided, however, this covenant shall terminaforuthe the issuance of a cartificat f any aliability + p nGY by the City rise, loss above described p�jojact except er damage which ar1tsea prior to the issuance of a certificate o occupancy by the Ciiiiity. Doted this Z.IK day of 0✓ 1997. Mihaelis - 9wena^n partners, a California general partnership partnership 1ucn.��++-• .. by Dave Michaelis, general partner 9801020369