Laserfiche WebLink
It is also understood that prior to any installation, the Grantee shall acquire all necessary <br /> permits and comply with all requisite laws and regulations. <br /> 5. Damages: <br /> Any property of the Grantor damaged or destroyed by the Grantee incident to the exercise <br /> of the privileges 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 <br /> the Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or <br /> any other changes or repairs to Grantors facilities which the Grantor shall reasonably deem <br /> necessary by reason of the construction, use and maintenance of the Network Facilities on <br /> the Grantors property. For the purpose of this paragraph,"cost"shall be defined as all direct <br /> or assignable costs of materials, labor and service including overhead, in accordance with <br /> charges for transportation of workers, material,and equipment, storage expense of material <br /> and rental equipment. <br /> 6. No Warranty: <br /> Grantor does not warrant its title and ownership of said easement nor its right to convey <br /> and grant the rights and privileges herein provided and shall not be liable for defects thereto <br /> 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 are <br /> not inconsistent with 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 incident <br /> 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 Claim <br /> is asserted directly against the Grantor, or whether it is asserted indirectly against the <br /> 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 for <br /> Claims to the extent caused 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 to <br /> 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 by <br /> RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend <br /> the Grantor, the Grantee specifically waives any immunity it may have under the State <br /> Easement at Kasch Park Road Page-3 <br />