Estate of Alton Franchot Pawling 12/10/2018

Section 4. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify and hold the City harmless from any and all Claims for injury to people or damage to property arising out of or related to this License. This defense and indemnification obligation shall survive any termination, revocation or expiration of this Agreement. For the purpose of this Section 4,the following terms shall have their specified meaning. "City"means the City, its officers, employees and agents. "Claims"means any loss, injury, demand, settlement and lawsuit, and further includes any and all reasonable litigation costs such as attorney's fees, expert fees and costs, and court costs. "Injury to people"includes, but is not limited to, bodily injury and death. "Damage to property" includes, but is not limited to damage or injury to the property, any City facilities and any property owned by third parties. Section 5. HAZARDOUS MATERIALS. Grantee hereby agrees not to store or use any materials on the Property that are classified as hazardous or dangerous under the Washington Model Toxic Control Act. Breach of this provision shall constitute "damage toproperty,"requiring indemnification, as specified in Section 4, above. Section 6. TERMINATION. The City may terminate this License upon 30-days written notice to Grantee. This right is in addition to any other rights at law or in equity. Section 7. NOTICE. Notices sent pursuant to this License shall be sent to the parties at the following addresses: City of Everett Attn: Darcie Byrd Real Property Dept. 3200 Cedar St. Everett, Washington 98201 Debra L. Hunter, Personal Representative 710 Avenue K Snohomish, WA 98290 Section 8. NO ASSIGNMENT. This License is personal to Grantee and may not be transferred, assigned, conveyed,pledged, encumbered, or hypothecated. Section 9. COMPLIANCE WITH LAW. Grantee agrees to comply with all applicable Federal, State, and Local laws and regulations and to acquire all permits required by law or regulation. Section 10. NON-INTERFERENCE WITH CITY USE. Grantee's use of the Property shall not interfere in any way with any City use of the Property, including utilities and travel. Section 11. RELOCATION. Grantee specifically agrees to relocate or remove,whichever the City requires, all or any part of its personal property located on City Property to allow maintenance,repair,or construction of/on the Property or any City improvement. Grantee shall commence the relocation or removal within 30-days of notice by the City that Grantee must relocate or remove such personal property. If Grantee fails to commence the relocation or removal as required or,having commenced it, fails to proceed with reasonable dispatch,the City shall, in addition to its remedy for damages, be entitled to specific enforcement of Grantee obligation hereunder and shall also have the right and authority to remove, at Grantee expense, such portion of the personal property as Grantee has failed to relocate or remove without incurring any liability whatsoever. page 2