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indirectly on account of or out of the City's use or activity within the above-described Easement. <br /> This paragraph does not purport to indemnify the City or the Grantor against liability for damages <br /> arising out of bodily injury to persons or damages to property caused by or resulting from the sole <br /> negligence of, respectively, the City or the Grantor, its officers, employees, agents successors, <br /> assigns and lessees of the property across which the Easement extends;provided,that if the claims <br /> or damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents, <br /> successors, assigns or lessees, and (b) the City, its officers, employees or agents, the parties' <br /> respective responsibilities shall be allocated by their respective degrees of fault. The Grantor and <br /> the City specifically and expressly waives any immunity under Industrial Insurance,Title 51 RCW, <br /> and acknowledges that this waiver has been mutually negotiated by the parties. <br /> B. The indemnification, defense, and hold harmless obligations under Section <br /> 8.A above are not applicable to any liability, loss, damage,expense, actions or claims to the extent <br /> arising from or relating to any Hazardous Substance already present as of August 10, 2009, on, in <br /> or under the Property or properties adjacent to the Property. As used hereunder, the term <br /> "Hazardous Substance" shall mean (i) any substance subject to regulation under the Washington <br /> Hazardous Waste Management Act (chapter 70.105 RCW) as amended from time to time and <br /> regulations promulgated thereunder; (ii) any"hazardous substance" under the Washington Model <br /> Toxics Control Act (chapter 70.105D RCW) as amended from time to time and regulations <br /> promulgated thereunder; (iii) any "hazardous substance" or "hazardous waste" as defined by the <br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC <br /> §§ 9602 et seq.) as amended from time to time and regulations promulgated thereunder; (iv) any <br /> asbestos; (v)polychlorinated biphenyls; (vi) underground storage tanks, whether empty, filled or <br /> partially filled with any substance; (vii) any solid waste or solid waste decomposition products <br /> (not part of or resulting from the inteutiiodal transfer facility operations); (viii) any substance the <br /> 6 <br />