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(including all demands, suits, and judgments) for damages arising out of injury to persons or
<br />damage to property where such injury or damage is caused by, arises out of, or is incident to the
<br />scope of activities of Seattle, its officers, employees, agents, contractors, invitees and volunteers,
<br />under the terms of this Agreement. In the event that Seattle, its officers, employees, agents,
<br />contractors, invitees and volunteers engage in activities on the Intersection that go beyond or are
<br />inconsistent with the uses authorized under the terms of this Agreement, Seattle shall be bound to
<br />all of the terms contained in this Section with respect to such activities. Seattle's obligations,
<br />shall include, but not be limited to:
<br />a. The duty to promptly accept tender of defense and provide defense to Tukwila at
<br />Seattle's expense for claims that fall within this Section;
<br />b. Indemnification of claims, including those made by Seattle's own employees
<br />and /or agents for this purpose, for claims that fall within this Section;
<br />c. In the event Tukwila incurs any judgment, award and /or cost arising from claims
<br />that fall within this, including attorney fees to successfully enforce this Section, all such fees,
<br />expenses, and costs shall be recoverable from Seattle;
<br />d. Seattle shall protect, defend, indemnify, and hold harmless Tukwila, their officers,
<br />employees and agents from any and all costs, claims, judgments, and /or awards of damages
<br />arising out of, or in any way resulting from the performance or non performance of the rights
<br />and obligations under this Agreement by Seattle's contractor(s), its officers, employees, and /or
<br />agents in connection with the uses authorized by this Agreement;
<br />e. Seattle expressly and specifically agrees that its obligations under this Section
<br />extend to any claim, demand, and /or cause of action brought by or on behalf of any of its
<br />employees, or agents. For this purpose, Seattle hereby expressly and specifically waives, with
<br />respect to Tukwila, any immunity that would otherwise be available against such claims under
<br />the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to
<br />indemnify Tukwila;
<br />f. In all contracts entered into by Seattle in conjunction with its authorized uses
<br />under this Agreement, Seattle will include a hold harmless provision similar to the terms
<br />contained in this Section and its subsections.
<br />3. No Tukwila Approval. Seattle fully understands and acknowledges that Tukwila's
<br />execution of this Agreement does not constitute Tukwila's approval, representation or warranty
<br />that Seattle's proposed blockade and policing of the Intersection as defined in this Agreement
<br />comply with local, state, or federal regulations, codes, standards or any other applicable law, and
<br />that Tukwila assumes no liability with respect thereto. In addition, Seattle assumes all risks,
<br />losses and costs associated therewith.
<br />4. Restoration of Intersection. Upon removal of all blockading measures, Seattle shall
<br />restore the Intersection to its pre -race condition. Restoration shall be completed within five (5)
<br />days of removal of the blockading measures.
<br />5. Effective Date and Termination. This Agreement shall commence upon the date it is
<br />executed by both parties, and shall continue in full force and effect until July 1, 2010 unless
<br />terminated earlier by the Parties by mutual written consent.
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