1622 E MARINE VIEW DR WHOLE SITE 2022-02-01

5. Damages: Any property or Right of Way of the Grantor damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the Grantor. If so deemed by the Grantor, the Grantee shall promptly pay to the Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or any other changes or repairs to Grantor's facilities which the Grantor shall reasonably deem necessary by reason of the construction, use and maintenance of the improvements on the Right of Way. For the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and service including overhead, in accordance with charges for transportation of workers, material, and equipment, storage expense of material and rental equipment. 6. No Warranty: Grantor does not warrant its title and ownership of said Right of Way nor its right to grant the rights and privileges herein provided and shall not be liable for defects thereto or failure thereof. 7. Non -Exclusive: This Permit shall not be deemed an exclusive one, nor shall the Grantor be prohibited from granting permission to others to occupy portions of the Right of Way where such uses are not inconsistent with the rights and privileges granted to the Grantee under this Permit. 8. Hold Harmless Clause: Except as otherwise provided in this paragraph, the Grantee hereby agrees to defend and indemnify the Grantor from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Grantee (or its employees, agents, representatives subcontractors/subconsultants) relating to this Agreement or the System. The Grantee is obligated to defend and indemnify the Grantor pursuant to this paragraph whether a Claim is asserted directly against the Grantor, or whether it is asserted indirectly against the Grantor, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the Grantor. The Grantee's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Grantee. The Grantee shall not indemnify the Grantor for Claims caused solely by the negligence or willful misconduct of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the Grantee is to indemnify the Grantor is caused or results from the concurrent negligence of (a) the Grantee, its employees,