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Tracking#16-55547
<br /> BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE PREMISES AS CONTEMPLATED BY
<br /> THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE
<br /> ENVIRONMENTAL CONDITION OF THE PREMISES.
<br /> 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE
<br /> OF ANY INDEMNITEE,TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL,
<br /> AND SHALL CAUSE ITS CONTRACTOR TO,RELEASE,INDEMNIFY,DEFEND,AND HOLD THE
<br /> INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR
<br /> RELATED TO(IN WHOLE OR IN PART)ANY SUCH ASSERTION INCLUDING,BUT NOT LIMITED
<br /> TO,ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR
<br /> ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE
<br /> SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL
<br /> SAFETY AND HEALTH ACT,THE RESOURCE CONSERVATION AND RECOVERY ACT,AND
<br /> ANY SIMILAR STATE OR FEDERAL STATUTE.
<br /> 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
<br /> LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
<br /> MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
<br /> INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL
<br /> NEGLIGENCE,INTENTIONAL ACTS,OR STRICT LIABILITY OF ANY INDEMNITEE.
<br /> 13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
<br /> proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
<br /> License for which Licensee has an obligation to assume liability for and/or save and hold harmless
<br /> any Indemnitee. Licensee shall pay all costs and expenses incident to such defense,including,but
<br /> not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
<br /> settlement payments,and amounts paid in satisfaction of judgments.
<br /> 14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
<br /> FIXTURES,EQUIPMENT,OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF
<br /> LICENSEE ONLY,AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT
<br /> THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY
<br /> INDEMNITEE.
<br /> 15. Insurance. Licensee shall,at its sole cost and expense,procure and maintain during the life of this License
<br /> the following insurance coverage:
<br /> 15.1 Commercial General Liability Insurance. This insurance shall contain broad form contractual liability
<br /> with a combined single limit of a minimum of$5,000,000 each occurrence and an aggregate limit of at
<br /> least$10,000,000 but in no event less than the amount otherwise carried by Licensee. Coverage must
<br /> be purchased on a post 2004 ISO occurrence or equivalent and include coverage for,but not limited
<br /> to,the following:
<br /> • Bodily Injury and Property Damage
<br /> • Personal Injury and Advertising Injury
<br /> • Fire legal liability
<br /> • Products and completed operations
<br /> This policy shall also contain the following endorsements or language,which shall be indicated on the
<br /> certificate of insurance:
<br /> • The definition of insured contract shall be amended to remove any exclusion or other limitation for
<br /> any work being done within 50 feet of railroad property.
<br /> • Waiver of subrogation in favor of and acceptable to Licensor.
<br /> • Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle
<br /> Brokerage,Inc.
<br /> • Separation of insureds.
<br /> • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.
<br /> Form 424,Rev.201400801
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<br /> CITY OF EVERETT
<br /> GRAND AVENUE PARK BRIDGE May 18,2017
<br /> WO#3588 Appendix G2—6
<br /> _ge 23
<br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com -Always Verify Scale
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