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Indemnification. Licensee shall indemnify, defend (with counsel acceptable to State) and hold
<br /> harmless State, its employees, officers and agents from any and all liability, damages (including,
<br /> but not limited to,personal injury and damages to land and other natural resources), expenses,
<br /> causes of action, suits, claims, costs, fees (including, but not limited to, attorneys' fees),penalties,
<br /> or judgments, of any nature whatsoever, arising out of the use or occupation of the Premises by
<br /> Licensee, its Permittees, contractors, concessionaires, agents, employees, guests, invitees,
<br /> customers or affiliates, except as may arise solely out of the willful act of State or State's elected
<br /> officials, employees, or agents. To the extent that RCW 4.24.115 applies, Licensee shall not be
<br /> required to indemnify, defend, and hold State harmless from State's sole or concurrent
<br /> negligence.
<br /> Notice. Unless otherwise specified herein, any notices required or permitted under this License
<br /> may be delivered personally, sent by facsimile machine, emailed with acknowledgment of
<br /> receipt, or mailed certified, return receipt requested, to the following addresses or to such other
<br /> place as the parties hereafter direct. Notice will be deemed given upon delivery or upon
<br /> confirmation of facsimile, whichever is applicable.
<br /> To State: To Licensee:
<br /> Northwest Region City of Everett
<br /> Department of Natural Resources Ed Fisher
<br /> 919 North Township Street 3200 Cedar Street
<br /> Sedro-Woolley, WA 98284 Everett, WA 98201
<br /> 360-856-3500 425-257-8932
<br /> 360-856-2150 EFisher@everettwa.gov
<br /> Jamie.hitt@dnr.wa.gov
<br /> Temporary Markers. Unless otherwise agreed upon, State shall not be responsible for
<br /> preserving any temporary markers such as stakes, flags, paint,tags or signs used by Licensee for
<br /> purposes consistent with this License ("Temporary Markers"). State shall take reasonable
<br /> precautions to avoid damage to Temporary Markers placed by Licensee,but State is not liable for
<br /> third party damage to same. Prior to placing Temporary Markers on Premises, Licensee shall
<br /> inform State in writing of location and provide a general description of such Temporary Markers.
<br /> Licensee shall remove all Temporary Markers from Premises upon completion of operation or
<br /> termination of License, whichever occurs first.
<br /> Billing and Payment. When Licensee is required to pay State under this License, State shall use
<br /> its standard billing practices and invoice Licensee with reference to the State License number and
<br /> Licensee Lead Tract Number. The invoice shall include an explanation for the billing, how the
<br /> costs were calculated and any supporting documentation. Licensee shall pay State any
<br /> undisputed amount within thirty(30) days receipt of a proper invoice or pay interest at a rate of
<br /> one percent per month until such time as the amount due is paid in full.
<br /> Land Use License Page 10 of 14 License No.60-NW 1710
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