Port of Everett 1/3/2022 - Laserfiche WebLink

conflict with the customary transportation of cargo; or(3) such work, in the sole judgment of Grantor, interferes with Grantor's obligations with respect to the operation or performance of the activities at the terminal of Grantor and its tenants, contractors, employees,and assigns. If Grantor denies such a request, Grantor shall provide a reasonable alternative time for the City to do the work. 5. Grantor makes no warranties of any kind, express or implied,to the City concerning the condition of or title to the Easement Area. The City hereby accepts the Easement Area AS IS,WHERE IS,without any warranties, including but not limited to fitness for a particular purpose. Except to the extent of Grantor's intentional misconduct, gross negligence, or breach of this Agreement, and except as otherwise may be provided in the Environmental Indemnification Agreement between Grantor and the City dated and recorded in the records of Snohomish County as document number (the"Environmental Indemnification Agreement"), the City hereby assumes all risk and liability of its use of the Easement Area and the exercise of its rights under this Agreement. Except to the extent of Grantor's intentional misconduct, gross negligence,or breach of this Agreement, and except as otherwise may be provided in the Environmental Indemnification Agreement,the City hereby unconditionally,irrevocably,and forever discharges,waives, and releases Grantor from any and all damages, costs, expenses, liabilities, suits and claims, of any nature whatsoever arising from the grant, condition, or use of the License Area by the City or its invitees, licensees, employees, contractors, or agents. 6. Reserved. 7. Notwithstanding and without prejudice to any other applicable rights and remedies under law or in equity,to the extent of Grantor's intentional misconduct,gross -5- 1 12280032.4 0073013-00041