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� t <br /> 5. Damages: <br /> That any property of the Grantor damaged or destroyed by the Grantee incident to the <br /> exercise of the privileges herein granted shall be promptly repaired or replaced by the <br /> Grantee to the satisfaction of the Grantor. If so deemed by the Grantor,the Grantee shall <br /> promptly pay to the Grantor the cost of any reconstruction,replacement,repair, alteration <br /> or restoration or any other changes or repairs to Grantor's facilities which the Grantor <br /> shall reasonably deem necessary by reason of the construction,use and maintenance of <br /> the improvements on the Grantor's property. For the purpose of this paragraph, "cost" <br /> shall be defined as all direct or assignable costs of materials, labor and service including <br /> overhead, in accordance with charges for transportation of workers,material, and <br /> equipment, storage expense of material and rental equipment. <br /> 6. No Warranty: <br /> Grantor does not warrant its right to convey and grant the rights and privileges herein <br /> provided and shall not be liable for defects thereto or failure thereof. <br /> 7. Non-Exclusive: <br /> This easement shall not be deemed an exclusive one nor shall the Grantor be prohibited <br /> from granting permission to others to occupy portions of the easement where such uses <br /> are-notinconsistentwith-the-easement granted to the-Grantee. <br /> The Grantor reserves the right to use said easement for purposes which will not interfere <br /> with the Grantee's full enjoyment of the rights herein conveyed. <br /> 8. Hold Harmless Clause: <br /> Except as otherwise provided in this paragraph,the Grantee hereby agrees to defend and <br /> indemnify the Grantor from any and all Claims arising out of, in connection with, or <br /> incident to any acts, errors, omissions, or conduct by Grantee (or its employees,agents, <br /> representatives subcontractors/subconsultants)relating to this Agreement. The Grantee is <br /> obligated to defend and indemnify the Grantor pursuant to this paragraph whether a <br /> Claim is asserted directly against the Grantor, or whether it is asserted indirectly against <br /> the Grantor, e.g., a Claim is asserted against someone else who then seeks contribution or <br /> indemnity from the Grantor.The Grantee's duty to defend and indemnify pursuant to this <br /> paragraph is not in any way limited to, or by the extent of, insurance obtained by, <br /> obtainable by, or required of the Grantee. The Grantee shall not indemnify the Grantor <br /> for Claims caused solely by the negligence of the City. If(1)RCW 4.24.115 applies to a <br /> particular Claim, and(2)the bodily injury or damage to property for which the Grantee is <br /> to indemnify the Grantor is caused or results from the concurrent negligence of(a)the <br /> Grantee, its employees, subcontractors/subconsultants or agents and (b)the Grantor, then <br /> the Grantee's duty to indemnify shall be valid and enforceable only to the extent allowed <br /> by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and <br /> defend the Grantor,the Grantee specifically waives any immunity it may have under the <br /> State Industrial Insurance Law,Title 51 RCW. The Grantee recognizes that this waiver of <br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of <br /> RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) <br /> 3 <br /> 88 <br />