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PROMOTIONAL LICENSE AGREEMENT <br /> Page 2 of 3 <br /> Everett Transit <br /> 4. Indemnity Promoter shall indemnify Licensor, Management Company, and Center <br /> Owner and their officers, agents and employees, against all loss, damage, expense and liability, <br /> but not limited to, employees of Promoter, Licensor, or Center Owner, or injury to property, <br /> including, but not limited to, property of Promoter, Licensor, Management Company, or Center <br /> Owner to the extent arising out of or in any way negligence of the Promoter, whether active or <br /> passive expect for such injury of death as may be caused by the sole negligence or willful <br /> misconduct of Licensor, Management Company, or Center Owner, defend any suit exerting a <br /> claim covered by this obligation to indemnify. Promoter shall pay costs that may be incurred by <br /> Licensor or Center Owner in enforcing this obligation to indemnify, including reasonable <br /> attorney's fees. <br /> 5. Payment Promoter shall pay Licensor the sum of: $0.00 to the terms of payment <br /> specified as follows: To be paid to Everett Mall before event according to invoice terms. <br /> b) Licensor shall pay promoter the sum of according to the terms of payment <br /> specified as follows: N/A <br /> 6. Term, Termination; The term of the Agreement shall commence as of the date of <br /> execution hereof and shall continue in full force and effect until midnight, June 10,2017. Either <br /> party shall have the right to cancel this Agreement at any time, upon giving thirty(30)days written <br /> notice thereof. <br /> 7. Notices All notices, demands or other writing in this Agreement provided to be given, <br /> made or sent to either party hereto to the other, shall be deemed to have been fully given, made <br /> or sent when made in writing and deposited in the United States mail, prepaid and addressed as <br /> follows: <br /> TO LICENSOR: Everett Mall <br /> 1402 SE Everett Mall Way <br /> Everett,WA 98208 <br /> ATTN: Julie Tennyson <br /> TO PROMOTER: Everett Transit,Attn: Sabina Popa <br /> 3201 Smith Ave., Suite 215 <br /> Everett,WA <br /> 8. Exclusiveness; The license given is not exclusive and Licensor reserves the right at <br /> any time to grant other or similar license to use or occupy the Premises. <br /> 9. Operating Rules; Promoter also covenants that it shall observe and abide by any <br /> regulation or requirement concerning its activity as promulgated by Licensor. If activity being <br /> conducted is found detrimental to the Mall or a Mall tenant by Licensor, this activity must cease <br /> upon request, or this Agreement is immediately terminated. Per Diem share of funds will be <br /> retained by Licensor. Balance will be refunded to Promoter. NOTE: THE OPERATING RULES <br /> PROVIDED BY THE LICENSOR ARE AN INTEGRAL PART OF THIS AGREEMENT. These <br /> rules are attached to this Agreement. <br />