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1 , <br /> • <br /> 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 mutually negotiated <br /> by the parties. <br />