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EASEMENT <br />and rights herein described is accepted as full compensation for all damages incidental to <br />the exercise of any of said rights. <br />5. In the event Grantor places any improvements on or in the easement or constructs <br />anything within the easement without first having obtained the written approval of the City <br />Engineer, the Grantor shall cease all such activity and remove any and all improvements <br />placed therein without the written agreement of the City Engineer. In the event Grantor fails <br />to obtain prior approval, Grantor hereby authorizes the City to remove any and all <br />improvements placed or constructed therein and hold the City, its officers, employees and <br />agents harmless from damage caused to said improvements from removal thereof. Grantor <br />further agrees to pay the City for any and all costs incurred by the City in removing the <br />improvements. This right is in addition to any other right the City may have at law or in <br />equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, <br />its officers, employees and agents from and against any and all liability, loss, damage, <br />expense, actions and claims, including costs and reasonable attorney's fees incurred by the <br />City, its officers, employees and agents in defense thereof, asserting or arising directly or <br />indirectly on account of or out of Grantor's use or activity within the above -described <br />easement. This paragraph does not purport to indemnify the City against liability for <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 mutuallv negotiated <br />by the parties. <br />l <br />// r <br />