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of immunity under Title 51 RCW was specifically entered into pursuant to the provisions
<br /> of RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph:
<br /> (1) "City" includes the City's officers, employees, agents, and representatives and (2)
<br /> "Claims" include, but is not limited to, any and all losses, claims, demands, expenses
<br /> (including, but not limited to, attorney's fees and litigation expenses), suits, judgments,
<br /> or damage, irrespective of the type of relief sought or demanded, such as money or
<br /> injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage
<br /> to property, economic loss, general damages, special damages, or punitive damages.
<br /> If, and to the extent, Applicant employs or engages subconsultants or subcontractors,
<br /> then Applicant shall ensure that each such subconsultant and subcontractor (and
<br /> subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend
<br /> and indemnify the City to the extent and on the same terms and conditions as the
<br /> Applicant pursuant to this paragraph.
<br /> Applicant shall secure and maintain at its expense commercial general liability
<br /> insurance on an occurrence basis in an amount not less than $1,000,000 per
<br /> occurrence and not less than $2,000,000 in the annual aggregate, and endorse said
<br /> policy to name the City of Everett as an additional insured. If Applicant is self-insured,
<br /> Applicant shall provide the City a certificate of self-insurance disclosing its self-insured
<br /> retentions and whether said retentions are fully funded, in a form acceptable to the City
<br /> Attorney. In the case of self-insurance, the excess liability policy shall be endorsed to
<br /> name the City of Everett as an additional insured.
<br /> VI.
<br /> Condition of Premises. It is understood that Applicant has inspected the Premises
<br /> and takes it "AS IS". City is not obligated by the permit to make any changes, removals,
<br /> or repairs of any kind. Applicant represents that it has inspected the Premises and that
<br /> the Premises, at the time the permit was entered into, were reasonably free from soil
<br /> and/or groundwater contamination or other pollution-induced conditions, and the
<br /> condition of the Premises appeared to the Applicant to meet all federal, state and local
<br /> laws, ordinances, codes and regulations, designed to prevent or control the discharge of
<br /> substances into the land, air and water.
<br /> VII.
<br /> Nuisance. Applicant shall not permit the existence of any nuisance on the Premises;
<br /> shall keep the same in clean and safe condition and free of any explosive, flammable or
<br /> combustible material which would increase the risk of fire. Applicant shall not handle or
<br /> store any dangerous or potentially dangerous materials or any hazardous or toxic
<br /> materials, as defined under state or federal laws; and shall not permit the accumulation
<br /> of junk, noxious weeds debris or other unsightly materials. Applicant shall, at its sole
<br /> expense, keep the Premises and any improvements in good repair. It is not the intent of
<br /> the above paragraph to contradict sound environmental practices.
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