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AuthentisIgn ID:D25BAD20-4B89-43DF-A6C8-A318D3577A86 <br /> further agrees to pay the City for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have at law or in <br /> equity. <br /> 6. Grantor does release,indemnify and promise to defend and save harmless the City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the <br /> City, its officers, employees and agents in defense thereof, asserting or arising directly or <br /> indirectly on account of or out of Grantor's use or activity within the above-described <br /> easement. This paragraph does not purport to indemnify the City against liability for <br /> damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the sole negligence of the City, its officers, employees and agents; provided, <br /> that if the claims or damages are caused by or result from the concurrent negligence of(a) <br /> the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or <br /> agents, this indemnity provision shall be valid and enforceable to the extent permitted by <br /> law. The Grantor specifically and expressly waives any immunity under Industrial <br /> Insurance. Title 51 RCW. and acknowledges that this waiver has been mutually negotiated <br /> by the parties. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to sell and convey same; that <br /> same is free and clear of encumbrances, except as above indicated; and that Grantor will <br /> forever warrant and defend the title to said easement and the quiet possession thereof <br /> against the lawful claims and demands of all persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall inure to the benefit of and <br /> be binding upon their respective heirs,successors and assigns. <br /> Executed as of the date hereinabove set forth. <br /> FORM 17 <br />