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T-Mobile Site ID:SE01845A Cascade HS North WT <br /> Market:PNW <br /> City of Everett Site ID:Olympic Tank <br /> Lessee's duty to indemnify shall be valid and enforceable only to the extent allowed by RCW <br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the Lessor, <br /> the Lessee specifically waives any immunity it may have under the State Industrial Insurance Law, <br /> Title 51 RCW. The Lessee recognizes that this waiver of immunity under Title 51 RCW was <br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual <br /> negotiation. As used in this Section: (1) "Lessor" includes the Lessor's officers, employees, <br /> agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses, <br /> claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), <br /> suits,judgments, or damage, irrespective of the type of relief sought or demanded, such as money <br /> or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to <br /> property, economic loss, general damages, special damages, or punitive damages. In the event it <br /> is necessary for Lessor to incur attorney's fees, legal expenses or other costs to enforce the <br /> provisions of this Lease, all such fees, expenses and costs shall be recoverable from the Lessee. <br /> 15. LIABILITY INSURANCE:The Lessee shall procure and keep in force during the <br /> term of this Lease,at Lessee's own cost and expense,commercial general liability(CGL)insurance <br /> written on a standard ISO version policy form, or its equivalent, with a company who is rated at <br /> least "A-" or better and with a numerical rating of no less than 7 by A.M. Best Company. Said <br /> CGL insurance shall be on an occurrence basis in an amount not less than $1,000,000 per <br /> occurrence and at least$2,000,000 in the annual aggregate including,but not limited to,premises- <br /> operations liability, blanket contractual liability and broad form property damage. <br /> Prior to the Commencement Date of this Lease,the Lessee agrees to supply the Lessor with <br /> a Certificate of Insurance establishing:a)that its insurance obligation as herein provided have been <br /> met, b) that the insurance policy or policies as herein required are not subject to cancellation <br /> without at least thirty(30)days advance written notice to the Lessor,c)that the City of Everett, its <br /> officers, employees and agents are included as "Additional Insureds" with respect to this Lease, <br /> and d) that said liability insurance shall apply as primary insurance on behalf of such Additional <br /> Insureds with respect to the negligent acts of Lessee. <br /> If the Lessee is self-insured, Lessee shall provide Lessor with a Certificate of Self- <br /> Insurance acceptable to Lessor and that complies with the above policy requirements. <br /> The Lessor reserves the right to require reasonable increases in the limits of coverage from <br /> time to time during the term of this Lease. <br /> 16. TERMINATION: This Section is in addition to any other provision of this Lease <br /> authorizing or otherwise relating to early termination of said Lease. <br /> A. Termination of Lease Without Cause:Neither Lessor or Lessee may terminate this <br /> Lease without cause during the Initial Tenn. During Option Term One and Option Term Two, <br /> either party may terminate this Lease without cause upon twelve (12)months prior written notice <br /> to the other party. <br /> Page 10 of 21 <br />