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7.2. Ownership of Improvements. On the termination of the Lease, all RFA -initiated
<br />improvements shall become the property of the City without payment by the City.
<br />8. INDEMNIFICATION.
<br />8.1. The RFA agrees that it will protect, save, defend, hold harmless and indemnify the City,
<br />its officials, employees, volunteers and agents from any and all demands, claims, suits,
<br />actions, judgments, or liabilities for injury or death of any person, or for loss or damage
<br />to property, arising as a result of accidents, injuries, or other occurrences on the
<br />Premises or on City's' Property, occasioned by either the negligent or willful conduct
<br />of the RFA, its agents or any person or entity holding under the RFA or any person or
<br />entity on the Premises or on the City's property as a result of RFA's activity, regardless
<br />of who the injured party may be. Notwithstanding the foregoing, the City shall, to the
<br />extent permitted by law, indemnify and hold the RFA harmless for any and all
<br />demands, claims, judgments, or liability for loss or damage arising from the City's
<br />negligent, reckless and/or willful acts (including those of the City's employees,
<br />officials, or agents).
<br />It is further specifically and expressly understood that the indemnification provided
<br />herein constitutes the RFA's waiver of immunity under Industrial Insurance, Title 51
<br />RCW, solely for the purposes of this indemnification. This waiver has been mutually
<br />negotiated and agreed to by the RFA and City. The provisions of this section shall
<br />survive the expiration or termination of this Lease.
<br />8.2. The RFA shall indemnify and hold City harmless from any and all claims, demands,
<br />judgments, orders, or damages resulting from hazardous substances on the Premises
<br />caused in whole or in part by the activity of the RFA, its agents, subtenants, or any
<br />other person or entity on the Premises during any period of time that the RFA has
<br />occupied all or a portion of the Premises during the term of the Lease. The City shall,
<br />to the extent permitted by law, indemnify and hold RFA harmless from any and all
<br />claims, demands, judgments, orders or damages resulting from hazardous substances
<br />on the Property caused by the City.
<br />8.3. "Hazardous Substance" means any substance which now or in the future becomes
<br />regulated or defined as Hazardous Substance or Hazardous Waste under any federal,
<br />state, or local statute, ordinance, rule, regulation, or other law relating to human health,
<br />environmental protection, contamination or cleanup, including, but not limited to, the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980
<br />("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act
<br />("MTCA"), RCW 70.105D.010 et seq.
<br />8.4. The provisions of this Section 8 shall survive the expiration or termination of this
<br />Lease.
<br />9. ASSIGNMENT AND SUBLETTING.
<br />9.1. The RFA shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer
<br />or encumber all or any part of the RFA's interest in this Lease or the Premises without
<br />the City's prior written consent which may not be unreasonably withheld by the City.
<br />Fire Station 51 Lease Agreement Page 3 of 10
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