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202101280719 Document:EASEMENT Rec: $116.50 Page-5 of 14 <br /> Record Date:1/28/2021 2:20 PM Snohomish County,WA <br /> EASEMENT <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 /> 9. In the event that the City is required to relocate its utility lines because of Puget <br /> Sound Energy or Puget Sound Energy utility lines,the Grantor will reimburse the City for all <br /> costs of such relocation within 30 days after receiving an invoice from the City. <br /> Executed as of the date hereinabove set forth. <br /> 4 <br />