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Tracking#16-55547
<br /> study is to determine if granular material is present,and to prevent subsidence during the installation
<br /> process If the investigation determines In Licenser's reasonable opinion that granular material is
<br /> present,Licensor may select a new location for Licensee's use,or may require Licensee to furnish for
<br /> Licensor's review and approval,in Licensor's sole discretion,a remedial plan to deal with the granular
<br /> material. Once Licensor has approved any such remedial plan in writing,Licensee shall,at Licensee's
<br /> sole cost and expense,carry out the approved plan in accordance with all terms thereof and hereof.
<br /> 12.3 Any open hole,boring,or well,constructed on the Premises by Licensee shall be safely covered and
<br /> secured at all times when Licensee is not working In the actual vicinity thereof. Following completion
<br /> of that portion of the work,at holes or borings constructed on the Premises by Licensee shall be:
<br /> 12.3.1 filled in to surrounding ground level with compacted bentonite grout;or
<br /> 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
<br /> excavated materials may remain on Licenser's property for more than ten(10)days,but must
<br /> he properly disposed of by Licensee in accordance with applicable Legal Requirements.
<br /> LIABILITY AND INSURANCE
<br /> 13. Liability and Indemnification.
<br /> 13.1 For purposes of this License:(a)"Indemnitees"means Licensor and Licensor's affiliated companies,
<br /> partners,successors,assigns,legal representatives,officers,directors,shareholders,employees,and
<br /> agents;(b)"Liabilities"means all claims, liabilities,fines, penalties, costs, damages,losses, liens,
<br /> causes of action,suits,demands,judgment,and expenses(including,without limitation,court costs,
<br /> reasonable attorneys' fees, costs of Investigation, removal and remediation, and governmental
<br /> oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee or
<br /> Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or
<br /> indirectly employed by any of them,or any party they control or exercise control over.
<br /> 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW,LICENSEE SHALL,AND SHALL CAUSE ITS
<br /> CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES
<br /> FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR
<br /> DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF,RESULTING FROM,OR RELATED
<br /> TO(IN WHOLE OR IN PART):
<br /> 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
<br /> PROVISIONS,
<br /> 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
<br /> 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br /> 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR
<br /> CONTRIBUTED TO BY LICENSEE,OR
<br /> 13 2 5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
<br /> 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW,LICENSEE NOW AND FOREVER WAIVES ANY
<br /> AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
<br /> GENERATOR, OWNER, OPERATOR, ARRANGER,OR TRANSPORTER FOR THE PURPOSES
<br /> OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,AND LIABILITY
<br /> ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW).
<br /> LICENSEE WILL INDEMNIFY,DEFEND,AND HOLD THE INDEMNITEES HARMLESS FROM ANY
<br /> AND ALL SUCH CLAIMS. NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
<br /> CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS
<br /> LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS
<br /> LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES,LICENSEE
<br /> AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INDEMNITEES FOR ANY
<br /> LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS
<br /> Form 424;Rev.201400801
<br /> .4.
<br /> CITY OF EVERETT
<br /> GRAND AVENUE PARK BRIDGE May 18,2017
<br /> WO#3588 Appendix G2—5
<br /> Page 22
<br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale
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