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COUNTY has sole responsibility for KING COUNTY's biosolids, including without • <br /> limitation all responsibility for biosolids transportation, storage, and reuse. <br /> 5. INDEMNIFICATION. To the maximum extent permitted by law and except to the <br /> extent caused by the sole negligence of the City, KING COUNTY shall defend, <br /> indemnify, and hold the City harmless from any and all Claims, including without <br /> limitation Claims for injury to people or damage to property, arising out of or related to <br /> (A) KING COUNTY's use of the Biosolids Pad, (B) any biosolids or any other material <br /> delivered to the Biosolids Pad by KING COUNTY, (C) any failure by KING COUNTY <br /> to transport, store, treat, or dispose of biosolids or any other material in accordance with <br /> Exhibit B and all applicable laws, or(D) any release by KING COUNTY of biosolids or <br /> any other material. This defense and indemnification obligation shall survive any <br /> termination, revocation, or expiration of this Agreement. <br /> For the purposes of this Section 5: <br /> A. "City" means the City, its officers, employees, and agents. <br /> B. "KING COUNTY" means, its officers, employees, agents, contractors, and <br /> subcontractors. <br /> C. "Claims" means any loss, injury, demand, settlement or lawsuit(including <br /> without limitation those based on environmental laws and regulations), and <br /> further includes any and all reasonable litigation costs such as attorney's fees, <br /> expert fees and costs, and court costs. <br /> D. "Injury to people" includes, but is not limited to, bodily injury and death. <br /> E. "Damage to property" includes, but is not limited to damage or injury to any City <br /> property, including the Biosolids Pad, any City facilities, and any property <br /> owned by third parties. <br /> F. "Release" shall have the meaning that it has under RCW 70.105D.020(25). <br /> 6. HAZARDOUS MATERIALS. KING COUNTY shall not place any materials on <br /> the Biosolids Pad or cause any materials to be transported onto any other property <br /> owned by the City that are classified as hazardous or dangerous under the Washington <br /> Model Toxic Control Act. Breach of this provision shall be considered "damage to <br /> property" for the purposes of Section 5, above. <br /> 7. TERMINATION. The City may unilaterally terminate this License Agreement <br /> upon thirty (30) days written notice to KING COUNTY. If the City terminates this <br /> License Agreement, other than for KING COUNTY's breach as described below, then <br /> the City shall refund to KING COUNTY the pro-rated portion of the Advanced Fees <br /> paid by KING COUNTY for that season. If KING COUNTY breaches any of its <br /> obligations under this License Agreement, then the City may deliver written notice of <br /> the breach to KING COUNTY. If KING COUNTY does not cure the breach within <br /> thirty(30) days after delivery of such notice, then the City may terminate this License <br /> Agreement effective on delivery to KING COUNTY of a written notice of termination. <br /> Page 2 <br />