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n <br /> c. CITY OF EVERETT PARKS DIRECTOR <br /> 802 E. Mukilteo Blvd. <br /> Everett, WA 98203 <br /> 5.2 If the CITY fails to perform maintenance activities required by this Agreement, the <br /> STATE may perform such maintenance after providing the CITY with thirty(30) days written <br /> notice that the maintenance has not been performed and the STATE intends to perform it. The <br /> CITY shall reimburse the STATE for the cost of maintenance performed by the STATE pursuant <br /> to this section within thirty(30) days of receipt of a STATE invoice. <br /> 6. EFFECTIVE DATE; DURATION; TERMINATION <br /> 6.1 This AGREEMENT shall be effective when executed by both PARTIES or upon the <br /> completion of the drainage features, Drainage/Pedestrian Bridge, Trails, Outfall and Water <br /> Quality Site One, whichever is later, and shall continue until terminated pursuant to section 6.2. <br /> 6.2 This AGREEMENT may be terminated only by written agreement of both PARTIES. <br /> The indemnifications and waivers in section 8.2 shall not be affected by termination of the <br /> Agreement. <br /> 7. EASEMENT TERMS <br /> 7.1 This AGREEMENT does not modify or supersede the terms and conditions of the <br /> following TWO easements granted by the CITY to the STATE: Easement for Everett Outfall, <br /> recorded September 9, 2008, Auditor No. 200809100427 and Easement for the <br /> Drainage/Pedestrian Facility, recorded June 21, 2006, Auditor No. 200606210857. <br /> 8. GENERAL PROVISIONS <br /> 8.1 Amendment: This AGREEMENT may be amended only by written agreement duly <br /> executed by both PARTIES. <br /> 8.2 Indemnification and Waiver: <br /> 8.2.1 CITY Indemnification: The CITY shall indemnify and hold harmless the STATE <br /> and its employees while acting within the scope of their employment as such against liability for <br /> damages arising out of bodily injury to persons or damage to property caused by the intentional <br /> or negligent acts or omissions of the CITY, its employees, agents, and invitees, including but not <br /> limited to pedestrians using the Trails on state-owned land, state-owned Drainage/Pedestrian <br /> Bridge, or state-owned easements, as authorized by or pursuant to the provisions of this <br /> Agreement, provided that the CITY indemnifies the STATE against liability for damages that <br /> arise from the concurrent negligence of the CITY and the STATE only to the extent of the <br /> CITY's negligence. <br /> 5 <br />