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negligence, or breach of this Agreement, Grantor does release, indemnify and promise to defend
<br /> and save harmless the City, its officers, employees and agents from and against any and all
<br /> liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's
<br /> fees incurred by the City, its officers, employees and agents in defense thereof, asserting or
<br /> arising directly or indirectly on account of or out of Grantor's use of the Easement Area or
<br /> Grantor's activity within the Easement Area.Notwithstanding and without prejudice to any other
<br /> applicable rights and remedies under law or in equity, to the extent of the City's intentional
<br /> misconduct, gross negligence, or breach of this Agreement, the City does release, indemnify and
<br /> promise to defend and save harmless Grantor, its officers, commissioners, employees, and agents
<br /> from and against any and all liability, loss, damage, expense, actions and claims, including costs
<br /> and reasonable attorney's fees incurred by Grantor, its officers, employees, and agents in defense
<br /> thereof, asserting or arising directly or indirectly on account of or out of the City's use of the
<br /> Easement or the City's activity within the Easement Area. This paragraph does not purport to
<br /> indemnify the City or Grantor against liability for damages arising out of bodily injury to persons
<br /> or damages to property caused by or resulting from the sole negligence of,respectively, the City
<br /> or Grantor, its officers, employees, and agents; provided, that if the claims or damages are
<br /> caused by or result from the concurrent negligence of(a) Grantor, its officers, commissioners,
<br /> employees or agents, and(b) the City, its officers, employees or agents, the parties' respective
<br /> responsibilities shall be allocated by their respective degrees of fault. Grantor and the City
<br /> specifically and expressly waive any immunity under Industrial Insurance, Title 51 RCW, and
<br /> acknowledges that this waiver has been mutually negotiated by the parties. Notwithstanding any
<br /> of the foregoing in this Section 7, neither party has any obligations under this Section 7 arising
<br /> from or relating to Hazardous Substances. All of the parties' obligations regarding Hazardous
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