In consideration of PRELIMINARY approval, the Tenant agrees:
1. All costs of any sort for the real property improvement will be at the expense of the Tenant.
2. All necessary permits and other approvals must be secured by the Tenant. The Tenant acknowledges that Tenant is not the owner of the property for the purpose of obtaining permits. The Tenant shall comply with all applicable building, electrical, and all other applicable codes, regulations, and laws. Copies of all completed permits and construction “As-Built” drawings will be filed with the Airport Office.
2. Indemnification and Hold Harmless. All work will be at the risk of the Tenant. Tenant shall comply with its Lease provisions regarding Insurance and Indemnity, Article V. Tenant shall hold harmless and indemnify Snohomish County its officers, officials, agents and employees, from and against any and all claims, losses, suits, actions, costs, penalties, attorney fees, litigation costs, expenses, damages, judgments, or other decrees by reason of damage to any property or business interest and/or any death, injury or disability to any person arising out of or suffered, directly or indirectly, by reason of or in connection with any action, error or omission of the Tenant, Tenant’s employees, agents or subcontractors, whether by negligence or otherwise, in constructing, maintaining, or using the improvement. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of the Lessee. This hold harmless agreement expressly provides for waiver of the Tenant’s immunity, with respect to the County only, under RCW Title 51 Industrial Insurance for claims by its employees, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. This hold harmless agreement and waiver of immunity was mutually and expressly negotiated and agreed between the parties. The foregoing indemnity is not intended to cover costs, losses, claims, or liabilities to the extent they are caused by the sole negligence of Snohomish County, its employees, agents, or contractors. In the event that the County incurs any judgment, award and/or cost including attorney’s fees arising from the provisions of this agreement, or to enforce the provisions of this agreement, any such judgment, award, fees, expenses and costs shall be recoverable from the Lessee. In the event of litigation between the parties to enforce the rights under this agreement, reasonable attorney fees shall be allowed to the substantially prevailing party. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment, or termination of Tenant’s Lease.
4. Activities incidental to construction such as storage, fabrication, etc., will be confined to the premises leased to the Tenant.
5. The improvement will be subject to all terms and conditions of the Tenant’s lease; PROVIDED, that there will be no obligation on the County to maintain, repair, or replace all or any part of the improvement. No adjustment will be made in the Tenant’s rent as a result of this improvement. The improvement will revert to the Airport upon expiration of the Tenant’s lease, provided however, the Airport shall have the option to request the Tenant to remove the improvement constructed or installed by the Tenant at the sole cost and expense of the Tenant and restore the premises. No loss or damage to the improvement will modify tenant’s obligation to pay rent or any other obligation provided in this lease.