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"Claims" means any loss, injury, demand, settlement and lawsuit, and further <br /> includes any and all reasonable litigation costs such as attorney's fees, expert fees <br /> and costs, and court costs. "Injury to people" includes, but is not limited to, bodily <br /> injury and death. "Damage to property" includes, but is not limited to damage or <br /> injury to the property, any City facilities and any property owned by third parties. <br /> This defense and indemnification obligation shall survive any termination, <br /> revocation or expiration of this Agreement. <br /> 6. HAZARDOUS MATERIALS. FUN TIMES ICE CREAM hereby agrees <br /> not to store any materials on the property that are classified as hazardous or <br /> dangerous under the Washington Model Toxic Control Act. Breach of this <br /> provision shall be considered an "injury" to property as prohibited herein. <br /> 7. TERMINATION. The City may terminate this License upon 90 days <br /> written notice to Grantee. This right is in addition to any other rights at law or in <br /> equity. FUN TIMES ICE CREAM may terminate this License upon 90 days <br /> written notice to the City. <br /> 8. NOTICE. Notices sent pursuant to this License shall be sent to the parties at <br /> the following addresses: <br /> CITY OF EVERETT <br /> Attn.: Cory Rettenmier <br /> Everett Parks and Community Services Department <br /> 802 E. Mukilteo Blvd <br /> Everett, Washington 98203 <br /> FUN TIMES ICE CREAM <br /> Attn: Roxana Boroujerdi <br /> 8515 Valhalla Drive <br /> Everett, WA 98208 <br /> 9. NO ASSIGNMENT. This License is personal to FUN TIMES ICE <br /> CREAM and may not be transferred, assigned, conveyed, pledged, encumbered or <br /> hypothecated. <br /> 21 Page <br />