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EASEMENT <br /> vested in the City, and that the consideration paid for conveying said easement and rights herein <br /> described is accepted as full compensation for all damages incidental to the exercise of any of <br /> 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 placed <br /> therein without the written agreement of the City Engineer. In the event Grantor fails to obtain <br /> prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or <br /> constructed therein and hold the City, its officers, employees and agents harmless from damage <br /> caused to said improvements from removal thereof. Grantor further agrees to pay the City for <br /> any and all costs incurred by the City in removing the improvements. This right is in addition to <br /> any other right the City may have at law or in equity. <br /> 6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br /> officers, employees and agents from and against any and all liability, loss, damage, expense, <br /> actions and claims, including costs and reasonable attorney's fees incurred by the City, its <br /> officers, employees and agents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of Grantor's use or activity within the above-described easement. This <br /> paragraph does not purport to indemnify the City against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of the City, its officers, employees and agents; provided, that if the claims or damages are caused <br /> by or result from the concurrent negligence of(a) the Grantor, its agents, successors or assigns, <br /> and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br /> enforceable to the extent permitted by law. The Grantor specifically and expressly waives any <br /> immunity under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver has been <br /> mutually negotiated by the parties. <br /> ��, 3 <br />