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1 <br /> protection to each party's facilities included in this easement,prevent hazardous conditions,or <br /> minimize interruption of Grantor's operations. Provided, however that in the event of an <br /> emergency requiring immediate action by Grantee for the protection of its improvements or <br /> other persons or property, Grantee may take such action upon notice to Grantor as is <br /> reasonable under the circumstances. <br /> 4. Damages: <br /> Any property of the Grantor damaged or destroyed by the Grantee as a result of Grantee's <br /> exercise of its rights herein granted shall be promptly repaired or replaced by the Grantee to the <br /> satisfaction of the Grantor.If so deemed by the Grantor,the Grantee shall promptly pay to the <br /> Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or any <br /> other changes or repairs to Grantor's property which the Grantor shall reasonably deem <br /> • necessary by reason of Grantee's construction, use and maintenance of any improvements <br /> within the Easement Area. For the purpose of this paragraph, "cost" shall be defined as all <br /> direct or assignable costs of materials, labor and service including overhead, in accordance <br /> with charges for transportation or workers, material, and equipment, storage expense of <br /> material and rental equipment. <br /> 5. No Warranty: <br /> Grantor does not warrant its title and ownership of said Easement Area nor its right to convey. <br /> and grant the rights and privileges herein provided and shall not be liable for defects thereto or <br /> failure thereof. <br /> 6. Non-Exclusive: <br /> This easement shall not be deemed an exclusive one nor shall the Grantor be prohibited from <br /> granting permission to others to occupy portions of the Easement Area so long as such other <br /> uses are not inconsistent with the easement rights granted to the Grantee. <br /> The Grantor reserves the right to use said Easement Area for purposes which will not interfere <br /> with the Grantee's full enjoyment of the rights herein conveyed. <br /> 7. 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 to the extent arising out of,in connection with, <br /> or incident to any acts, errors, omissions, or conduct by Grantee (or its employees, agents, <br /> representatives subcontractors/subconsultants) resulting from or caused by Grantee's use of <br /> the Easement Area.The Grantee is obligated to defend and indemnify the Grantor pursuant to <br /> this paragraph whether a Claim is asserted directly against the Grantor,or whether it is asserted <br /> indirectly against the Grantor, e.g., a Claim is asserted against someone else who then seeks <br /> contribution or indemnity from the Grantor. The Grantee's duty to defend and indemnify <br /> pursuant to this paragraph is not in any way limited to, or by the extent of,insurance obtained <br /> by, obtainable by,or required of the Grantee. The Grantee shall not indemnify the Grantor for <br /> Claims caused solely by the negligence of the City.If(1)RCW 4.24.115 applies to a particular <br /> Claim,and(2)the bodily injury or damage to property for which the Grantee is to indemnify <br /> the Grantor is caused or results from the concurrent negligence of (a) the Grantee, its <br /> employees, subcontractors/subconsultants or agents and (b) the Grantor, then the Grantee's <br /> 511S69R9 7 5 1 2 <br />