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• <br /> 1 <br /> duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. <br /> Solely and expressly for the purpose of its duties to indemnify and defend the Grantor, the <br /> Grantee specifically waives any immunity it may have under,the State Industrial Insurance <br /> Law,Title 51 RCW.The Grantee recognizes that this waiver of immunity under Title 51 RCW <br /> was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject <br /> of mutual negotiation. As used in this paragraph: (1) "Grantor" includes the City's officers, <br /> employees, agents, and representatives and (2) "Claims" include, but is not limited,to , any <br /> and all losses, claims, demands, expenses ) including, but not limited to, attorney's fees and <br /> litigation expenses), suits,judgments, or damage, irrespective of whether the damage alleged <br /> is bodily injury, damage to property, economic loss, general damages, special damages, or <br /> punitive damages. If, and to the extent, Grantee employs or engages subconsultants or <br /> subcontractors,then Grantee shall ensure that each such subconsultant and subcontractor(and <br /> subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and <br /> indemnify the Grantor to the extent and on the same terms and conditions as the Grantee <br /> pursuant to this paragraph. Grantee's indemnification obligations under this paragraph(i)shall <br /> not apply to defects,deficiencies or damage which are not proximately caused by the acts and <br /> undertakings by the Grantee, its agents, employees or contractors upon the Easement Area, <br /> and (ii)shall survive the expiration of the easement. <br /> 8. Insurance: <br /> Grantee is insured under Burlington Northern Santa Fe's,LLC's Excess Property and Liability <br /> Policies.Grantee's self-insured retention is in keeping with our net worth and cash flows-and is <br /> consistent with that of other corporations of similar operations and size.Adequate reserves are <br /> maintained for claims within Grantee's retention. <br /> 9. Inspectors: <br /> Grantor shall have the right,but not the obligation,to have an inspector or other representative <br /> of Grantor present of observe Grantee's work within the Easement Area. <br /> 10.Termination for Breach: <br /> In the event Grantee breaches or fails to perform or observe any of the terms and conditions <br /> herein,and fails to cure such breach or default within sixty(60)_day_s.of_Grantongiving Grantee_. __. <br /> written notice thereof, or within such other period of-time as may be reasonable in the <br /> circumstances,the Grantor may terminate Grantee's rights under this Agreement in addition to <br /> and not in limitation of any other remedy of the.Grantor at law or in equity, and the failure of <br /> the Grantor to exercise such right at any time shall not waive the Grantor's right to terminate <br /> for any future breach or default. <br /> 11.Release of Liability on Termination: <br /> No termination of this Agreement shall release Grantor or Grantee, from any liability or <br /> obligation with respect to any matter occurring prior to such termination, nor shall such <br /> termination release Grantee from its obligation and liability to remove any materials placed <br /> within the Easement Area and to restore the grounds of the Easement Area as required herein. <br /> 12. Removal of Improvements upon Termination: <br /> 511,69F9'1 3 <br /> 52 <br />