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s75 `Oil Drawer :SOf <br /> #, r± <br /> 41111114 S <br /> r3vit roll,WA f:f802 <br /> 445 fie24.,?700 Office <br /> IMM�I►IAl1UI+l�'!1► <br /> Pacifica Engineer ing, inc. <br /> defend, save, indemnity and hold harmless Company for Company's intentional acts or sole <br /> negligence. In the event of the concurrent negligence of MTorres and Company liability and <br /> indemnity shall be allocated in accordance with the parties' relative fault. For the purposes of <br /> this indemnity and hold harmless, MTorres America, for itself, and its agents and <br /> subcontractors waives immunity of the Industrial Insurance Act of the State of Washington, <br /> Title 51 RCW. This indemnity and hold harmless shall include <br /> Company's attorneys fees and costs incurred in defending any claim and incurred in enforcing <br /> the terms of this indemnity. <br /> 4. MTorres America shall bring no hazardous substances, and cause no release of <br /> hazardous substances on Company's property. A hazardous substance shall be a substance <br /> defined as hazardous by Federal or Washington law and shall include petroleum products and <br /> hydrocarbons (excluding routine fuels for motor vehicles). in the event of a release of <br /> hazardous substances on the property by MTorres America, MTorres America agrees to defend, <br /> save, indemnify and hold harmless Company of any costs of remediation or clean up and any <br /> claim for injury by any person or entity, including any Federal or State regulatory agency on <br /> account of a release of a hazardous substance caused by MTorres America. This indemnity and <br /> hold harmless shall include <br /> Company's attorneys fees and costs incurred in defending any claim or regulatory action and <br /> incurred in enforcing the terms of this indemnity. <br /> 5. The terms of this Agreement/Consent for Access to Property may be enforced in the <br /> Superior Court of the State of Washington, Snohomish County. The parties consent to venue <br /> and jurisdiction in said court. <br /> Company give this written permission voluntarily. <br /> Access under this Agreement/Consent for Access to Property my commence after signature by <br /> both parties and notice as required in the conditions of approval. This Agreement/Consent for <br /> Access to Property shall terminate no later than March 31, 2017, unless sooner terminated by <br /> Company by the giving of thirty (30) days written notice of termination to MTorres. <br /> Notwithstanding termination,the conditions of approval shall remain in full force and effect. <br /> MTorres America agrees to the terms of this Agreement/Consent for Access to Property by its <br /> signature below. <br />