2228 COLBY AVE 2017-10-04 - Laserfiche WebLink

III. TERMINATION. In addition to the termination set forth in Paragraph II of this permit, this permit is also terminable at the will of the City upon thirty (30) days written notice to the Applicant's above-stated address. In the event of termination of the permit by the City, the fee paid by the Applicant shall be returned on the pro-rated portion of the remaining life of the permit. IV. PROPERTY REMOVAL — TERMINATION. In the event this permit is terminated by either party, for any reason, Applicant agrees to remove all property not owned by the City from the above described property and shall restore the property to the satisfaction of the City. Such removal and restoration shall be completed immediately upon termination of the permit. Applicant further agrees that in the event it shall fail to remove property and restore the location to the satisfaction of the City as is required by this permit, the un-removed property shall become the property of the City and that the City shall be entitled to remove the property and dispose of the property. Any expense incurred by the City in removing the property, disposing of the property, and restoring the location shall be paid by the Applicant immediately upon rendition of the costs thereof. This right is in addition to any other right the City may have at law or in equity. Termination of this permit shall not relieve Applicant of any liability or responsibility incurred herein. V. Indemnity — Insurance. As a material consideration for the City issuing this Permit, and without which the City would not issue this permit, except as otherwise provided in .this paragraph, the Applicant hereby agrees to defend and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Applicant (or its employees, agents, representatives subcontractors/subconsultants) relating to this Permit. The Applicant is obligated to defend and indemnify the City pursuant to this paragraph whether a Claim is asserted directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The Applicant's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Applicant. The Applicant shall not indemnify the City for Claims caused solely by the negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the Applicant is to indemnify the City is caused by or results from the concurrent negligence of (a) the Applicant, its employees, subcontractors/subconsultants or agents and (b) the City, then the Applicant's duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Applicant specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Applicant recognizes that this waiver