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property and does covenant and agree at all times to indemnify, defend and hold harmless
<br /> the Grantor,its officers, agents and employees, from all claims, actions, suits, liability,loss,
<br /> costs, expense or damages of every kind and description(excepting only such damages that
<br /> may result from the sole negligence of the Grantor), that may accrue to, or be suffered by,
<br /> any person or persons or property or properties, including without limitation, damage or
<br /> injury to the public, Grantee, its officers, agents, employees, contractors, invitees, tenants
<br /> and tenants' invitees, licensees, arising from or relating to this Agreement or to the
<br /> construction,maintenance, operation or use of the Tie-Back Easement Area or the Tie-Back
<br /> Easement Improvements. If any such suit,action or claim is filed,instituted or begun against
<br /> the Grantor, Grantee shall, upon notice thereof from the Grantor, defend the same at
<br /> Grantee's sole cost and expense, and in case judgment shall be rendered against the Grantor
<br /> in any suit or action, Grantee shall fully satisfy the judgment within one hundred and twenty
<br /> (120) days after such suit, action or claim shall have been finally determined, if determined
<br /> adversely to the Grantor. If it is determined by a court of competent jurisdiction that RCW
<br /> 4.24.115 applies to any such suit, action or claim, then Grantee's obligations under this
<br /> Section 6 shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for
<br /> the purpose of its duties to indemnify and defend the Grantor, Grantee specifically waives
<br /> any immunity it may have under the State Industrial Insurance Law,Title 51 RCW. Grantee
<br /> recognizes that this waiver of immunity under Title 51 was specifically entered into pursuant
<br /> to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This Section
<br /> 6 survives any termination of this Agreement.
<br /> 7. Insurance. For as long as this Agreement is in effect, Grantee shall obtain
<br /> and maintain in full force and effect, at its sole expense, insurance that protects the Grantor
<br /> from claims and risks of loss from perils that can be insured against under commercial
<br /> general liability ("CGL") insurance policies in conjunction with:
<br /> A. construction,reconstruction,operation,repair,maintenance,removal,
<br /> use, or existence of the Tie-Back Easement Improvements;
<br /> B. activity of Grantee or its officers, agents, employees, contractors,
<br /> invitees, tenants and tenants' invitees or licensees within, or the use
<br /> or occupation of,the Tie-Back Easement Area; and
<br /> C. claims and risks in connection with and activity performed by or its
<br /> officers,agents, employees,contractors,invitees,tenants and tenants'
<br /> invitees or licensees by virtue of the rights granted under this
<br /> Agreement.
<br /> Minimum insurance requirements include CGL insurance based on the Insurance Services
<br /> Office (ISO)film].CG 00 01 or equivalent. Grantee shall obtain insurance coverage with an
<br /> insurer admitted and licensed to conduct business in Washington State or with a surplus lines
<br /> Tie-Back Easement and Agreement Page 4
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