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AGREEMENT BETWEEN THE CITY OF EVERETT <br />AND STEADFAST EVERETT MALL III, LLC <br />THIS AGREEMENT is made and entered into on this day of January, 2009, by <br />and between the CITY OF EVERETT, a municipal corporation under the laws of the <br />State of Washington, hereinafter referred to as the "City," and Steadfast Everett Mall III, <br />LLC, hereinafter referred to as "the Mall." <br />WHEREAS, the City of Everett Police Department desires to utilize Mall property for <br />police/"active shooter" training; and <br />WHEREAS, the City of Everett Police Department and the Mall have agreed on a <br />location and dates for the training; <br />NOW, THEREFORE, the parties herein do mutually agree as follows: <br />Pu ose. The purpose of this Agreement is to define the terms for the Mall <br />allowing the Everett Police Department to conduct police/"active shooter" <br />activities at the Everett Mall, located in the city of Everett at the street address of <br />1402 SE Everett Mall Way (hereinafter referred to as "the training location") on <br />January 25, 2009, and February 8, 2009, after the businesses at the training <br />location have closed for business for the day (hereinafter referred to as "the <br />training"). <br />2. Term. The term of this Agreement shall commence as of the date of execution <br />hereof and shall continue in full force and effect until 6:00 a.m. February 9, 2009. <br />3. Termination. Either party shall have the right to cancel this Agreement at any <br />time, upon giving ten (10) days written notice thereof. <br />4. Amendments. This Agreement may be amended only upon written agreement of <br />the parties, executed in the same manner as provided by law for the execution of <br />this Agreement. <br />5. Hold Harmless and Indemnification. The City acknowledges that the Mall has <br />not made any, and makes no, representations regarding the condition of the <br />training location. The City further acknowledges that the City and its <br />agents/contractors assume all risk of injury from entry onto the training location <br />and the structures thereon for the training. The City agrees that it will indemnify <br />and hold the Mall (including the Mall's members, officers, directors, and <br />Agreement between the City of Everett <br />and Everett Mall <br />Page I of 2 <br />