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Section 17. INDEMNIFICATION
<br /> a. Indemnity. EGM shall indemnify, defend and hold harmless the City
<br /> against and from any and all claims, actions, damages, liability, costs and expenses,
<br /> including attorney's fees, arising out of or relating to (i) the Project or EGM's use of the
<br /> Property or from the conduct of EGM's business on the Property or from any activity,
<br /> work, or other things done or permitted by EGM in or about the Property, (ii)any breach
<br /> or default in the performance of any obligation on EGM's part to be performed under the
<br /> terms of this Lease, (iii) any act or omission, negligence or willful misconduct of EGM,
<br /> or any officer, agent, employee, guest, or invitee of EGM, and from all costs, damages,
<br /> attorneys' fees and liabilities incurred in defense of any such claim in any action or
<br /> proceeding brought thereon. EGM, as a material part of the consideration to the City,
<br /> hereby assumes all risk of damage to property or injury to persons in, upon or about the
<br /> Property from any cause other than and to the extent of the City's gross negligence or
<br /> willful misconduct. EGM shall give prompt notice to the City in case of casualty or
<br /> accident in the Property. This Section 17 shall survive the expiration or termination of
<br /> this Lease. For the purposes of this Lease,the claims, actions, damages, liability and
<br /> expenses for which EGM must indemnify, defend and hold harmless the City are referred
<br /> to as"Covered Claims".
<br /> b. Concurrent Fault. This Section 17 does not purport to indemnify the City
<br /> against liability for Covered Claims caused by or resulting from the sole gross negligence
<br /> or willful misconduct of the City, its officers, employees and agents. If Covered Claims
<br /> are caused by or result from the concurrent negligence of(i)the City, its officers,
<br /> employees or agents, and(ii)EGM, its agents, servants, employees, officers,
<br /> subcontractors, subleasees, successors or assigns, then this Section 17 will provide the
<br /> City the maximum indemnification permitted by law.
<br /> c. Washington Law. This Section 17 is specifically and expressly intended
<br /> to constitute a waiver of EGM's immunity under Washington's Industrial Insurance Act,
<br /> RCW Title 51, to the full extent necessary to provide the City with a full and complete
<br /> indemnity from claims made by EGM and its employees,to maximum extent allowed by
<br /> law. THE CITY AND EGM ACKNOWLEDGE THAT THE INDEMNIFICATION
<br /> PROVISIONS OF THIS SECTION 17 WERE SPECIFICALLY NEGOTIATED AND
<br /> AGREED UPON BY THEM.
<br /> d. Waiver and Release. The City shall not be liable to EGM, or its directors,
<br /> officers, shareholders, agents, employees, invitees, subleasees, contractors or leasees, for
<br /> any loss, injury or damage to EGM or any other person, or to its or their property, "
<br /> irrespective of the cause of such injury, damage or loss, unless, and then only to the
<br /> extent, it is caused by or results from the gross negligence or willful misconduct of the
<br /> City or its employees without contributory negligence on the part of EGM or any of its
<br /> directors, officers, shareholders, employees, agents, invitees, subleasees, leasees or
<br /> contractors. As a material part of the consideration to the City for this Lease, EGM
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